Glick v. State
| Decision Date | 25 January 1982 |
| Docket Number | No. CR,CR |
| Citation | 627 S.W.2d 14,275 Ark. 34 |
| Parties | Dennis P. GLICK, Appellant, v. STATE of Arkansas, Appellee. 81-79. |
| Court | Arkansas Supreme Court |
Holmes, Holmes & Trafford, Pine Bluff, for appellant.
Steve Clark, Atty. Gen. by Matthew Wood Fleming, Asst. Atty. Gen., Little Rock, for appellee.
During the night of July 11, 1980, the home of Alvin Gibson at Reydell was burglarized and food, clothing and a shotgun were stolen. The following night two men entered the home of Willie Moore where Moore and several companions were gambling and using the shotgun taken from Gibson robbed them of about two hundred dollars. The two dwellings are about three miles apart.
Appellant was convicted of burglary, aggravated robbery, and two counts of theft of property. Found to have committed at least four prior felonies, appellant was given cumulative sentences of 120 years to run consecutively. He seeks a reversal on one assignment of error-the trial court erred in not directing a verdict because of prejudicial statements by some of the state's witnesses. We find no error.
The argument is that testimony by the state was prejudicial to appellant: A. L. Lockhart testified to his observations at the scene of the burglary; David Rosegrant of the Arkansas State Police testified that discarded prison clothing was found near the Gibson dwelling and that members of the Department of Correction were at the scene; one of the robbery victims, John Hardin, testified that he had been in the penitentiary, knew the appellant and recognized him as one of the robbers. Appellant contends that the jury could have inferred that he had been convicted of a felony without his having taken the stand and prejudice resulted.
In the first place, the motion and the argument are incompatible, as a motion for a directed verdict is a challenge to the sufficiency of the evidence and not to the nature or character of the evidence. Harris v. State, 262 Ark. 680, 561 S.W.2d 69 (1978); Parker v. State, 252 Ark. 1242, 482 S.W.2d 822 (1972). Here, there was more than sufficient evidence to submit the issue of guilt or innocence to the jury. Appellant was connected to the robbery by direct evidence in that five of the victims identified him as the man who carried the shotgun during the robbery and he was linked to the burglary by strong circumstantial evidence: two men were shown to have entered the Gibson home on the night preceding the robbery and the shotgun used in the robbery was positively identified as the one stolen from Gibson. Furthermore, no objections were offered to any of the testimony appe...
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Williams v. State, CA
...3 Ark.App. 112, 623 S.W.2d 209 (1981); Finch v. State, 262 Ark. 313, 556 S.W.2d 434 (1977). Although appellant cites Glick v. State, 275 Ark. 34, 627 S.W.2d 14 (1982), in support of his argument, we believe its rationale is applicable in support of the State's position that a mistrial was n......
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...312 Ark. 106, 848 S.W.2d 400 (1993). A motion for directed verdict is a challenge to the sufficiency of the evidence. Glick v. State, 275 Ark. 34, 627 S.W.2d 14 (1982). The test for determining the sufficiency of the evidence is whether the verdict is supported by substantial evidence, whet......
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...we have stated numerous times, we treat directed verdicts as challenges to the sufficiency of the evidence. See, e.g., Glick v. State, 275 Ark. 34, 627 S.W.2d 14 (1982). In reviewing the sufficiency of the evidence, this court views the evidence in the light most favorable to the appellee, ......
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David v. State
...for a directed verdict is a challenge to the sufficiency of the evidence, not the nature or character of the evidence. Glick v. State, 275 Ark. 34, 627 S.W.2d 14 (1982). It is proper only when no issue of fact exists. Coleman v. State, 283 Ark. 359, 676 S.W.2d 736 (1984). On appeal, this co......