Bowles v. State

• Decision Date: 09 April 1979
• Docket Number: No. 1,No. CR79-12,CR79-12,1
• Citation: Bowles v. State, 265 Ark. 457, 579 S.W.2d 596 (Ark. 1979)
• Parties: Charles W. BOWLES, Appellant, v. STATE of Arkansas, Appellee
• Court: Arkansas Supreme Court

Page 596

579 S.W.2d 596

265 Ark. 457

Charles W. BOWLES, Appellant, v. STATE of Arkansas, Appellee.

No. CR79-12.

Supreme Court of Arkansas, Division No. 1.

April 9, 1979.

Rehearing Denied May 21, 1979.

Ralph E. Wilson, Sr., Osceola, for appellant.

Steve Clark, Atty. Gen. by Robert J. DeGostin, Jr., Asst. Atty. Gen., Little Rock, for appellee.

FOGLEMAN, Justice.

Charles W. Bowles was the operator of a liquor store in Osceola. He was approached by Jerry Baker, of Fresno, California, an undercover agent employed by the Memphis, Tennessee Police Department. He used the name of a convict serving a 75 year sentence in the State of Tennessee, as a means of introduction to Bowles. After some discussion between the two as to how they could make some money in illegal activities, unrelated to controlled substances, Baker asked Bowles where they could buy large quantities of marijuana. Baker testified that Bowles gave him names of two persons in Wilson, one of whom was H. P. Cash. According to Baker, he went to the first person named by Bowles, but this person said that he did not have any marijuana. Baker later purchased a rather large quantity of marijuana from Cash. Cash was charged with delivery of a controlled substance and Bowles with being an accomplice to the delivery of a controlled substance. They were charged in the same information and the offenses were alleged to have occurred on the same date, December 14, 1977. Cash pleaded guilty, so Bowles was tried separately and found guilty. His first four points for reversal question the sufficiency of the evidence to sustain the conviction. Since we find it insufficient, we reverse the judgment, but will not discuss the remaining point for reversal.

The particulars of the charge against Bowles were stated thus:

The said Defendant Charles William Bowles on/or about the 14th day of December, 1977, in the Osceola District of Mississippi County, Arkansas, did unlawfully, with the purpose of promoting or facilitating the commission of the offense of delivery of marijuana, solicit, advise, encourage the Defendant Horace P. Cash or aid, agree to aid or attempt to aid Horace P. Cash in the planning and committing of the crime of delivery of a controlled substance, marijuana, in violation of Ark.Stat. 41-303 * * *

Insofar as applicable, Ark.Stat.Ann. § 41-303 (Repl.1977) provides that a person is an accomplice of another in the commission of an offense if, with the purpose of promoting or facilitating the commission of an offense, he solicits, advises, or encourages the other person to commit it, or aids, agrees to aid or attempts to aid the other person in planning or committing it.

Viewing the evidence in the light most favorable to the state, it showed that:

After getting Cash's name from Bowles, Baker took a note introducing him to Cash and talked to Cash about buying large quantities of marijuana. Baker told Cash that Bowles had sent him to see Cash. Cash told Baker to check back with him. Later Baker was told by Cash that Cash had checked him out and he was all right. Cash said that he was going to get a sample of marijuana for Baker to show to people who were prospective purchasers. Baker then, by a telephone call, arranged with Cash for a meeting on December 13, 1977 at Bowles' liquor store to pick up the sample. When Baker was a little late arriving, he saw Cash pulling out of the parking lot at Bowles' liquor store. Cash made a gesture directing Baker to follow him. Baker did follow Cash into a residential area, where Cash pulled his car over and Baker went up to Cash, talked a few minutes, obtained the sample and arranged to meet Cash in Wilson at 11:30 p. m. the next night. They actually met at about 1:00 a. m. and Cash gave Baker fifty pounds of marijuana in exchange for $3,750. Baker had no contact with Cash prior to Bowles' introduction. Two days after the purchase, Baker went to Bowles' liquor store, on December 16, told Bowles that he had bought the marijuana and made a little money off it, and offered Bowles $100. Bowles declined the offer, saying that he had done what he did as a favor and that Baker had then established a good contact. Baker and Bowles then had a conversation about selling a stolen automobile. Bowles gave Baker the name and address of a man who was interested in buying stolen automobiles. Baker had no conversations with Bowles between the time he first met Cash and the time of the purchase of the marijuana. Bowles was not involved in the transaction except for the introduction. Baker had no knowledge that Bowles knew of the sale of the marijuana when Baker offered him $100.

Cash checked Baker out by asking Bowles if Baker was all right, i. e., if it was safe to do business with him. Cash said that all that Bowles did...