Ebsen v. State, 5526
| Decision Date | 16 November 1970 |
| Docket Number | No. 5526,5526 |
| Parties | Larry EBSEN, Appellant, v. STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
E. V. Trimble, Little Rock, for appellant.
Joe Purcell, Atty. Gen., Mike Wilson, Asst. Atty. Gen., Little Rock, for appellee.
Appellant Larry Ebsen, convicted of burglary and grand larceny of Audell's Pharmacy in Pulaski County, primarily questions sufficiency of the evidence to support the jury's verdict.
Appellant was charged with breaking into and removing from Audell's Pharmacy $125 in cash and a radio. The owner testified that when he was called to the store Sunday morning August 17, 1969, he found a plate glass window was broken in (rather than out), that a large piece of the sheet glass was standing up, that a locked drawer containing $125 had been forced open, and the money and a transistor radio were missing. He did not recall that appellant had ever been in the store and was quite certain that he had never seen him before. Little Rock police officer McKinney was the first officer on the scene and observed that most of the broken glass was inside the store, that a drawer appeared to have been forced open, a large piece of glass was leaning upright against something, that he called headquarters for a detective unit and protected the scene until they arrived in about five minutes. Officer Pettyjohn testified that he and Detective Hale went to Audell's in answer to a call; that a plate glass window was out, broken glass inside the store, and a large piece of glass, about three feet wide, was inside leaning against a chair. There were smudges on both sides of the glass. Pettyjohn made five 'lifts' of fingerprints from the glass. Pettyjohn turned the prints over to Officer Hale at the scene. Detective Hale's testimony was similar, adding that he initialed the prints ('latent fingerprints') which he received from Pettyjohn and eventually sent them to the F. B. I. These were introduced. Officer J. A. O'Kelley testified that as jailer he fingerprinted ('inked fingerprints') appellant on September 9, 1969, and a card of the prints was introduced in evidence. John C. Saunders, an F.B.I. fingerprint examiner, after qualifying as an expert, testified that the latent fingerprints and the inked fingerprints were made by the same person and used enlargements of the prints to demonstrate the similarities to the jury, and testified that there were 25 points of identity between the inked and latent prints in evidence. The state rested and appellant's motion for a directed verdict was overruled.
Appellant's witness Morrison testified that appellant had been with him on Saturday evening August 16 until about 11:00...
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Ashe v. State
...375 (1985) (fingerprint removed from exact place where robber was seen placing his hand as he vaulted into booth); Ebsen v. State, 249 Ark. 477, 459 S.W.2d 548 (1970) (fingerprints on both sides of a plate glass window that had been broken in and propped up inside the store). However, finge......
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Medlock v. State
...(1985) (fingerprint removed from the exact place where the robber was seen placing his hand as he vaulted into booth); Ebsen v. State, 249 Ark. 477, 459 S.W.2d 548 (1970) (fingerprints found on both sides of a plate glass window that had been broken in and propped up inside the store). Howe......
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Armstrong v. State
...entry. Brown v. State, 310 Ark. 427, 837 S.W.2d 457 (1992); Howard v. State, 286 Ark. 479, 695 S.W.2d 375 (1985); Ebsen v. State, 249 Ark. 477, 459 S.W.2d 548 (1970). In Ward v. Lockhart, 841 F.2d 844 (8th Cir.1988), the United States Court of Appeals, Eighth Circuit, held in a habeas corpu......
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Wolf's v. State
...433 (1968), we approved a denial of a continuance where new counsel was employed seven days prior to trial; and in Ebsen v. State, 249 Ark. 477, 459 S.W.2d 548 (1970), we found no abuse of discretion in denying a continuance where counsel was retained three days prior to trial after previou......