Combs v. State
| Decision Date | 28 June 1937 |
| Docket Number | No. 4041.,4041. |
| Parties | COMBS v. STATE. |
| Court | Arkansas Supreme Court |
Appeal from Circuit Court, Miller County; Dexter Bush, Judge.
Patsy Combs was convicted of grand larceny, and he appeals.
Affirmed.
Ted Goldman, of Texarkana, for appellant.
Jack Holt, Atty. Gen., and Jno. P. Streepey, Asst. Atty. Gen., for the State.
The appellant was convicted of the crime of grand larceny, being charged with stealing a hog on the first day of March, 1937, the property of Forest Westbrook. His punishment was fixed at one year in the penitentiary. To reverse the judgment of conviction, this appeal is prosecuted.
There are a number of assignments of error in appellant's motion for a new trial, but he only argues the insufficiency of the evidence, and this is the only ground upon which he urges reversal.
Forest Westbrook testified in substance that he lived in Beech township, Fouke, Ark.; that he lost a hog in July, 1936; it was a black Poland China gilt with a few white spots on the side, one about the size of a dollar on the flank, and one on the right shoulder; it weighed about 115 pounds; the hog was on the old Adams field, adjoining Mr. Batt's place in Miller county; the hog was marked with a split in the right ear and a split in the left ear; he found the head of the hog in the woods in a slough; found where the hog had been butchered; where the hog was ranging he found the head and entrails of the hog, about the size of the one witness lost; does not know of his own knowledge that appellant stole it; witness missed this hog the 17th or 18th of July; was mistaken about the time he missed the hog; it was the 17th or 18th of June.
On cross-examination witness testified that he had testified in municipal court on October 24th; was in Rodessa off and on when the hog was taken; when he came back from a trip there he would check up on his hogs, and this trip he found that three were gone, and he kept looking and found the head in a slough. Witness at that time had about 25 or 30 head of hogs; he would know either of his hogs; never saw the hog after it disappeared.
Arthur Batt testified in substance that he lives in Fouke, close to Forest Westbrook and knows the appellant, and lives close to him. Mr. Westbrook had hogs running on the range; he would see them most every day; They were ranging outside witness' field, and he knew them as Westbrook's hogs; saw appellant with a black Poland China gilt with a few white spots on it in June, 1936; the hog was about eight months old; the head had been cut off and the entrails taken out; saw appellant about a quarter mile north-west of witness' place; he was coming from the woods with the hog on his shoulder; it was Forest Westbrook's hog. Witness said to appellant: "It looks like you got you some meat." He dumped it on the ground...
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Tate v. State
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