King v. State, CR

• Decision Date: 21 May 1973
• Docket Number: No. CR,CR
• Citation: 254 Ark. 509,494 S.W.2d 476
• Parties: Everett Lawrence KING, Jr., Appellant, v. STATE of Arkansas, Appellee. 73--27.
• Court: Arkansas Supreme Court

Page 476

494 S.W.2d 476

254 Ark. 509

Everett Lawrence KING, Jr., Appellant, v. STATE of Arkansas, Appellee.

No. CR 73--27.

Supreme Court of Arkansas.

May 21, 1973.

John P. Corn, Little Rock, for appellant.

Jim Guy Tucker, Atty. Gen. by Richard Mattison, Asst. Atty. Gen., Little Rock, for appellee.

FOGLEMAN, Justice.

Appellant asserts that we should reverse the circuit court's judgment entered upon a jury verdict finding him guilty of burglary of the Arkansas State Police Headquarters in Little Rock on the night of August 2, 1971. Although he states the contention in two points, his principal argument is that there was not sufficient evidence to corroborate the testimony of Robert Prather, who, according to Prather, was an accomplice. We find the corroborating evidence to be sufficient to support the jury verdict and affirm the judgment.

There is no real dispute between the parties as to the applicable law. Our basic applicable statute on the subject (Ark.Stat.Ann. § 43--2116 (Repl.1964)) was a part of our Criminal Code and has been construed so many times that there is little room for argument about its requirements. The principal difficulties in this regard arise from application of the statute. By its own language, the statute only requires that there he corroboration by evidence tending to connect the defendant with the commission of the offense and that this evidence go beyond a showing that the crime was committed and the circumstances thereof. We have, therefore, consistently held that the corroborating evidence need not be sufficient in and of itself to sustain a conviction, but it need only, independently of the testimony of the accomplice, tend in some degree to connect the defendant with the commission of the crime. Lauderdale v. State, 233 Ark. 96, 343 S.W.2d 422; Shipp v. State, 241 Ark. 120, 406 S.W.2d 361; Fleeman v. State, 204 Ark. 772, 165 S.W.2d 62.

While the corroborating evidence must do more than raise a suspicion of the defendant's guilt, it need not be direct, but may be circumstantial, so long as it is substantial, and tends to connect the defendant with the commission of the offense. Underwood v. State, 205 Ark. 864, 171 S.W.2d 304; Mullen v. State, 193 Ark. 648, 102 S.W.2d 82. Even though one circumstance or a combination of several circumstances might not be sufficient, all of the circumstances in evidence may constitute a chain sufficient to present a jury question as to their adequacy as corroboration of the accomplice. Lauderdale v. State, supra. The question of sufficiency of the corroborating evidence to justify submission of the question of a defendant's guilt must, of necessity, be governed by the facts and circumstances of the particular case, having regard for the nature of the crime, the character of the accomplice's testimony and the general requirements with respect to corroboration. Underwood v. State, supra. Where the circumstantial evidence tending to connect the defendant with the offense is substantial, the question of its sufficiency, along with the testimony of the accomplice, becomes one for the jury. McClure v. State, 214 Ark. 159, 215 S.W.2d 524; Fleeman v. State, supra.

Roger Lane Prather testified that, at about 11:00 p.m., he and King burglarized the Arkansas State Police Headquarters, where they obtained an armload of weapons, which they put in an automobile and, after driving to Bentonville, hid them out near the lakes along Highway 12 toward Rogers. Prather testified that his sister accompanied him and King and Little Rock and back. He said that King cut the fence to gain entry. According to Prather, King told him while both were in the Pulaski County jail awaiting the trial that if he (Prather) would keep his mouth shut, everything would be all right.

There was corroborative evidence showing the following:

A man named Everette Lawrence King, Jr., of Rogers married a woman named Deanna Mae Elzey in Benton County on September 24, 1970. Both appellant and Deanna King were known to a police officer in Rogers, who had seen both driving a dark green 1964 model Mercury convertible automobile in Rogers in July and August, 1971. The officer had seen Roger and his sister Sherry Prather Stevens in this automobile from time to time. Whenever the officer saw the automobile, either appellant or his wife, Deanna, was driving it. Arkansas License No. CHE 852 was issued to Deanna King of 506 S.W. 6th Street, Bentonville, for a 1964 Mercury convertible. In early 1971, King had worked at the state police headquarters, and his duties took him...