Foxworth v. State, CR78-20
| Decision Date | 30 May 1978 |
| Docket Number | No. 1,No. CR78-20,CR78-20,1 |
| Citation | 263 Ark. 549,566 S.W.2d 151 |
| Parties | Jesse FOXWORTH, Appellant, v. STATE of Arkansas, Appellee |
| Court | Arkansas Supreme Court |
Q. Byrum Hurst, Jr. and Nanette B. Sullins, Hot Springs, for appellant.
Bill Clinton, Atty. Gen., by Joseph H. Purvis, Asst. Atty. Gen., Little Rock, for appellee.
Foxworth appeals from convictions upon two counts charging possession and delivery (by sale) of heroin. The jury fixed the sentences at five years each, which were ordered by the judgment to run consecutively. The several contentions for reversal disclose no prejudicial error.
There was no denial of a speedy trial. The case was set for trial well within the time allowed by Rule 28 of the Rules of Criminal Procedure. A few days before the scheduled trial Foxworth assaulted his counsel, which led them to ask for permission to withdraw. The court's action in ordering a continuance to allow Foxworth to obtain other counsel was certainly a delay "for good cause" within Rule 28.3(h).
No evidence was offered to show either that the amount of bail was excessive or that the defendant's confinement without bail deprived him of the effective assistance of counsel.
The State's proof was to the effect that on both the occasions that were involved an undercover agent of the police telephoned Foxworth and arranged for the purchase of heroin at a specified washateria. On the first occasion Foxworth and Janelle Hamilton drove up to the washateria together, and Ms. Hamilton made the actual sale. On the second occasion only Ms. Hamilton came to the washateria and made the sale. It is immaterial that Foxworth did not take part in the actual sales, for the jury could readily infer that he and Ms. Hamilton were acting together. Her statements in the course of the transactions were admissible as being statements of a co-conspirator. Rule 801(d)(2)(v) of the Uniform Rules of Evidence, Ark.Stat.Ann. § 28-1001 (Supp.1977); Bosnick v. State, 248 Ark. 846, 454 S.W.2d 311 (1970).
Upon a related evidentiary point the trial court is not shown to have been in error in admitting a tape recording of the conversation in which the undercover agent made arrangements with Foxworth for the second purchase of heroin. It is argued that the agent was incapable of consenting to the taping of the conversation, because he urgently wanted a "fix" of heroin, and that the agent was not sufficiently shown to be able to recognize Foxworth's voice on the telephone. Both arguments relate to preliminary...
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...of a co-conspirator is ordinarily decided by the trial court. Jackson v. State, 267 Ark. 891, 591 S.W.2d 685 (1980); Foxworth v. State, 263 Ark. 549, 566 S.W.2d 151 (1978); Caton & Headley v. State, 252 Ark. 420, 479 S.W.2d 537 (1972); Bosnick v. State, 248 Ark. 846, 454 S.W.2d 311 (1970). ......
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Pyle v. State
...the accomplice's statements made during the transactions are admissible as a statement of a co-conspirator. Foxworth v. State, 263 Ark. 549, 566 S.W.2d 151 (1978). It is undisputed that Atkerson sold cocaine to Officer Bogard on May 24 and May 31, and the taped conversations were part of th......
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