Larimore v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. The demurrer should have been sustained. Absence is necessary to constitute one an accessory before the fact. 41 Ark. 173; Kirby’s Digest, § 1560; 1 Wharton, Am. Crim. Law, § 134; 21 Ark. 212. Whatever is necessary to constitute the crime must be alleged. 37 Ark. 274; Kirby’s Digest, § 2227; 41 Ark. 173; 58 Ark. 390; 77 Ark. 321. The evidence of corroboration was entirely insufficient.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. The demurrer should have been sustained. Absence is necessary to constitute one an accessory before the fact. 41 Ark. 173; Kirby’s Digest, § 1560; 1 Wharton, Am. Crim. Law, § 134; 21 Ark. 212. Whatever is necessary to constitute the crime must be alleged. 37 Ark. 274; Kirby’s Digest, § 2227; 41 Ark. 173; 58 Ark. 390; 77 Ark. 321. The evidence of corroboration was entirely insufficient. Corroboration is not sufficient which merely shows that the offense was committed. Kirby's Digest, § 2384; 43 Ark. 367. In arson the corpus delicti…
1Opinion of the Court
■ McCurroch, J.
Appellant was convicted under an indictment accusing him of being accessory to the crime of arson. The indictment (omitting caption) is as follows:
“The grand jury of Scott County, in the name and by the authority of the State of Arkansas, accuse the defendant, Math Larimore, of the crime of accessory before the fact of arson, committed as follows, to-wit: that Harvey DeFore and Andrew Allen in the county aforesaid, on the 2d day of October, 1904, unlawfully, wilfully, maliciously and feloniously one gin house and mill, the tenements and property of one James Sutton then and…
2Cases cited1 opinion
- Reed v. StateSupreme Court of Arkansas · 1891
3Cited by5 opinions
- Hughes v. StateSupreme Court of Arkansas · 1922
- Harris v. StateSupreme Court of Arkansas · 1919
- Fisher v. StateSupreme Court of Arkansas · 1924
- Holt v. StateSupreme Court of Arkansas · 1916
- Moore v. StateSupreme Court of Arkansas · 1988