Roberts v. State

Citation254 Ark. 39,491 S.W.2d 390
Decision Date12 March 1973
Docket NumberNo. 5804,5804
PartiesBobby James ROBERTS and Eugene Charles, Appellants, v. STATE of Arkansas, Appellee.
CourtSupreme Court of Arkansas

William C. McArthur, Little Rock, for appellants.

Jim Guy Tucker, Atty. Gen., by Gene O'Daniel, Asst. Atty. Gen., Little Rock, for appellee.

JONES, Justice.

Eugene Charles and Bobby James Roberts were found guilty, at a jury trial, of robbing the Gables Liquor Store at Ninth and Broadway Streets in the City of Little Rock. Charles was sentenced to three years in the state penitentiary and Roberts was sentenced to 21 years as a prior offender.

On appeal to this court they contend that the trial court erred in failing to grant motions for directed verdicts because of insufficiency of the evidence to sustain the verdicts of guilty and, they further contend that the trial court erred in allowing the state to argue on the subject of accessory and in giving an instruction concerning accessory on the court's own motion when such instruction had not been requested by the prosecuting attorney. We find no merit in either contention.

The felony information filed by the prosecuting attorney charged the appellants Roberts and Charles, along with Austin Wilson and Benny Royce Rucker, with the crime of robbery of the Gables Liquor Store. By bill of particulares the state alleged that Rucker and Wilson entered the liquor store and robbed Claude W. Fulbright, the manager, at pistol point while Charles and Roberts remained immediately outside the building; that all four individuals fled from the scene following the robbery and all four were arrested in or about their motor vehicle in which they were attempting to escape. Rucker and Wilson were sentenced to the penitentiary on pleas of guilty.

Mr. Claude W. Fulbright testified that two men entered his liquor store and, threatening him with what appeared to be a .32 caliber automatic pistol, took his billfold from his pocket and the money from the cash register. He identified his billfold which was taken from him and the automatic pistol used in the robbery. On cross-examination he testified that one of the robbers took his billfold and the other took the money from the cash register. He testified that immediately following the robbery the police drove up as he was preparing to call them. He was unable to identify the appellants as the robbers who entered his store.

Officer Dill, a detective with the Little Rock Police Department, testified that about 10:00 p.m. on the night in question he was dressed in civilian clothes and driving an unmarked car in the vicinity of the liquor store and observed a yellow and green colored '53 or '54 model Chevrolet pull into an alley directly behind a closed business across the street from the Gables Liquor Store at Ninth and Broadway Streets. He said he observed four individuals in the automobile and that three of them got out of the car and walked slowly to the corner of Ninth and Broadway; that the defendant Charles stood beside a building across the street from the liquor store and seemed to be observing traffic traveling north and south on Broadway. He said the two other individuals walked across the street toward the liquor store and also seemed to be looking around and observing traffic. He said that at this point the appellant Roberts got out of the automobile and shouted something to the other individuals and that all three of them returned to the automobile and pushed it to get it started. He said that Roberts was driving the automobile and after it started the other three got into the automobile with the driver. He said they drove the automobile around the block and parked it again underneath some shrubbery on a vacant lot and all four individuals got out of the automobile and walked back to Ninth Street. He said he became suspicious of their actions and called on his radio for a uniform car to stand by in the area. He said he lost sight of the individuals temporarily but kept the liquor store under surveillance and soon saw all four walking in the direction of the liquor store. He said that the appellant Roberts stopped outside the liquor store and stood against the building while two others went inside. He said that Charles took a position against a building across the street from the liquor store and was observing traffic on Broadway, while Roberts seemed to be observing traffic on Ninth Street and also north on Broadway. The said that while he was observing this, the two individuals who had entered the liquor store ran from it and were joined in flight by the appellants and that they all ran in different directions. He said that after calling for assistance and waiting until another police car blocked an alley, he approached the automobile he had seen the individuals park under the shrubbery. He said that when he approached the automobile, Roberts was in the driver's seat under the steering wheel and the appellant Charles was in the back seat. He said the other two individuals were attempting to push the automobile to get it started. He said as the other officers approached the car, Roberts ran from the driver's side of the car and was apprehended. He said as he approached the automobile, one of the individuals was throwing money on the ground and kicking it underneath the car, and that Charles was pushing money under the back seat of the automobile. Officer Dill identified a .32 caliber pistol taken from the front seat of the vehicle driven by Roberts. He also identified 33 quarters and one nickel recovered from under the back seat of the automobile after he observed Charles putting money under the back seat. Officer Dill also identified $34 in bills and Mr. fulbright's wallet taken from the right front pocket of one of the individuals.

Appellant Charles testified that he and Roberts had been shooting pool at a pool hall near the liquor store; that when they started to leave they were unable to get their automobile started. He said that while he and Roberts were working on the automobile, Rucker and Wilson approached and offered them $2 to drive Rucker and Wilson up Ninth Street. He said that while he and Roberts were still working on the car and before he could drive Wilson and Rucker up the street, the officers appeared and arrested all of them. He denied any knowledge of a robbery having been committed. He testified that when he first saw Wilson and Rucker on the evening in question, that he and Roberts and Magnolia Butler were at his house drinking beer; that Roberts and Rucker got into an argument at his house and later at the pool hall the appellant Roberts pulled a pistol on Rucker and Rucker left. He said that the next time he saw Rucker was when Rucker and Wilson came to the automobile and offered them $2 drive up the street.

Magnolia Butler testified that she had...

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  • State Of Haw.‘i v. Stenger, 27511.
    • United States
    • Hawaii Supreme Court
    • March 4, 2010
    ...requested.” (citing Ark.Code Ann. § 43-2134 (Repl.1977)); Tyler v. State, 265 Ark. 822, 581 S.W.2d 328 (1979); Roberts and Charles v. State, 254 Ark. 39, 491 S.W.2d 390 (1973)). I am also mindful that a trial sua sponte must “instruct juries as to any included offenses having a rational bas......
  • Neal v. State, CR
    • United States
    • Arkansas Supreme Court
    • December 22, 1975
    ... ...         [259 Ark. 38] The appellant objected to the court's instruction No. 8 which defines an accessory to an offense. The instruction was correct and in conformity with Ark.Stat.Ann. § 41--118 (Repl.1964). Fleeman and Williams v. State, 204 Ark. 772, 165 S.W.2d 62 (1942) and Roberts" v. State, 254 Ark. 39, 491 S.W.2d 390 (1973) ...       \xC2" ... ...
  • Tyler v. State
    • United States
    • Arkansas Supreme Court
    • May 29, 1979
    ...made by a party. Ark.Stat.Ann. § 43-2134 (Repl.1977). It is not required to give instructions when none are requested. Roberts v. State, 254 Ark. 39, 491 S.W.2d 390. We have made an exception to this rule in a case where a jury imposed the death penalty without having been instructed that i......
  • Wright v. State, CR
    • United States
    • Arkansas Supreme Court
    • December 3, 1979
    ... ... Ark.Stat.Ann. § 43-2006 (Repl. 1977). See also Reistroffer v. United States, 258 F.2d 379 (8th Cir. 1958). It is well settled that the court's ruling on matters pertaining to the trial will not be set aside absent a "manifest abuse of discretion." Roberts & Charles v. State, 254 Ark. 39, 491 S.W.2d 390 (1973); and Petty v. State, 245 Ark. 808, 434 S.W.2d 602 (1968). Here the appellant entered a plea of not guilty by reason of insanity. At a pretrial hearing, appellant sought the attendance of several nonresident witnesses (three psychiatrists, a ... ...
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