Hartman v. State, CR

• Decision Date: 15 December 1975
• Docket Number: No. CR,CR
• Citation: Hartman v. State, 530 S.W.2d 366, 258 Ark. 1018 (Ark. 1975)
• Parties: Daniel Leslie HARTMAN, Appellant, v. STATE of Arkansas, Appellee. 75--133.
• Court: Arkansas Supreme Court

Page 366

530 S.W.2d 366

258 Ark. 1018

Daniel Leslie HARTMAN, Appellant, v. STATE of Arkansas, Appellee.

No. CR 75--133.

Supreme Court of Arkansas.

Dec. 15, 1975.

Harold L. Hall, Public Defender, Little Rock, for appellant.

Jim Guy Tucker, Atty. Gen., by Jackson Jones, Asst. Atty. Gen., Little Rock, for appellee.

HOLT, Justice.

Appellant Hartman and three others, Emerson, Roberts, and Whitehead, were convicted by the court, sitting as a jury, of possession of marijuana with intent to deliver. Ark.Stat.Ann. § 82--2617 (Supp.1973). They were sentenced to five years imprisonment in the Arkansas Department of Correction. Appellant's sole point for reversal is that the evidence is insufficient to support the verdict as to Hartman's participation. We cannot agree when we consider the evidence, which is substantial, in the light most favorable to the appellee as we must do on appeal. Haynie v. State, 257 Ark. ---, 518 S.W.2d 492 (1975).

Undercover agents testified they made a deal with Roberts to purchase twenty pounds of marijuana. Roberts advised them that he could make delivery at a certain time and at a designated location. The two agents picked Roberts up at his home and proceeded to this site where Emerson and Hartman arrived in a car driven by Emerson. The officers refused Emerson's request to go somewhere else to get the marijuana. Thereupon, Emerson and Hartman left with Emerson driving and advising 'they' would be back. They returned a short time later in another car, driven by Emerson, with Hartman in the front seat and Witehead sitting in the back seat. The occupants then got out of the car. Emerson and Hartman went to the trunk of the car where they 'looked into' and 'fooled around with the trunk.' Emerson removed a box from his car trunk and put it onto his car seat where it was examined by the officer and then transferred by Emerson...