Thomas v. State, No. CR77-41

CourtSupreme Court of Arkansas
Writing for the CourtROY; We agree. HARRIS
Citation262 Ark. 79,553 S.W.2d 32
PartiesJoe Edward THOMAS, Appellant, v. STATE of Arkansas, Appellee
Decision Date11 July 1977
Docket NumberNo. 1,No. CR77-41

Page 32

553 S.W.2d 32
262 Ark. 79
Joe Edward THOMAS, Appellant,
v.
STATE of Arkansas, Appellee.
No. CR77-41.
Supreme Court of Arkansas, Division No. 1.
July 11, 1977.

[262 Ark. 80] Don Langston, Public Defender by Hubert Graves, Deputy Public Defender, Fort Smith, for appellant.

Bill Clinton, Atty. Gen. by Joseph H. Purvis, Asst. Atty. Gen., Little Rock, for appellee.

ROY, Justice.

Appellant Joe Edward Thomas was charged with aggravated robbery and kidnapping in violation of Ark. Stat. Ann. §§ 41-2102 and 41-1702 (Crim. Code 1976).

Page 33

The information further charged him with employment of a firearm in furtherance of a felony (§ 41-1004) and as a habitual criminal (§ 41-1001).

On February 11, 1976, at about 10 p.m., appellant approached a parked car in Fort Smith, Arkansas, occupied by David Mayfield and Mary Ann Moore. He forced himself into the car at gunpoint and directed Mayfield to drive into Oklahoma. He forced Mayfield to stop the car on a deserted road, tied up and robbed Mayfield of his billfold and a watch and Miss Moore of her ring. Appellant also raped and shot Miss Moore.

On trial to a jury appellant was found guilty and sentenced to 35 years and a $10,000 fine on each of two counts of kidnapping and to 20 years and a $10,000 fine on one count of aggravated robbery, with all sentences to run consecutively.

On appeal only the aggravated robbery charge is involved, and appellant contends the trial court erred when it refused to direct a verdict on this charge. He argues that no element of the crime of aggravated robbery occurred in Arkansas, but that the entire criminal activity took place in Oklahoma, depriving the Arkansas court of jurisdiction to try the matter. We do not agree.

. . . (A)cts done in one state as a preliminary to completion of a crime in a second state may be, and sometimes are, punished as crimes in the first state. * * *

Leflar, American Conflicts Law, § 114, p. 273 (rev. ed. 1968).

[262 Ark. 81] The pertinent Arkansas statutes provide as follows:

§ 41-2102. Aggravated robbery. (1) A person commits aggravated robbery if he commits robbery as defined in section 2103 (§ 41-2103) and he:

(a) is armed with a deadly weapon, or represents by word or conduct that he is so armed; or

(b) inflicts or attempts to inflict death or serious physical injury upon another person.

§ 41-2103. Robbery. (1) A person commits robbery if with the purpose of committing a theft or resisting apprehension immediately...

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3 practice notes
  • Rios v. State, No. 85-276
    • United States
    • United States State Supreme Court of Wyoming
    • February 24, 1987
    ...1 See State v. Kracker, 123 Ariz. 294, 599 P.2d 250 (App.1979); State v. Scofield, 7 Ariz.App. 307, 438 P.2d 776 (1968); Thomas v. State, 262 Ark. 79, 553 S.W.2d 32 (1977); People v. Buffam, 40 Cal.2d 709, 256 P.2d 317 (1953); United States v. Baish, 460 A.2d 38 (D.C.App.1983); Adair v. Uni......
  • State v. Jones, No. 720
    • United States
    • Court of Special Appeals of Maryland
    • April 7, 1982
    ...preliminary to completion of a crime in a second State may be, and sometimes are, punished as crimes in the first State. Thomas v. State, 262 Ark. 79, 553 S.W.2d 32, 33 (1977). The later results give criminal meaning to the earlier [443 A.2d 972] acts. Leflar, supra, § 115 at 232. 8 Thus, L......
  • Criminal Justice is Local: Why States Disregard Universal Jurisdiction for Human Rights Abuses.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 55 Nbr. 2, March 2022
    • March 1, 2022
    ...found where one of the elements of embezzlement - failure to return the leased car - "negatively occurred" in Arizona); Thomas v. State, 262 Ark. 79 (1977) (jurisdiction over aggravated robbery found where defendant had commandeered the victim's car in Arkansas and culminating in the actual......
2 cases
  • Rios v. State, No. 85-276
    • United States
    • United States State Supreme Court of Wyoming
    • February 24, 1987
    ...1 See State v. Kracker, 123 Ariz. 294, 599 P.2d 250 (App.1979); State v. Scofield, 7 Ariz.App. 307, 438 P.2d 776 (1968); Thomas v. State, 262 Ark. 79, 553 S.W.2d 32 (1977); People v. Buffam, 40 Cal.2d 709, 256 P.2d 317 (1953); United States v. Baish, 460 A.2d 38 (D.C.App.1983); Adair v. Uni......
  • State v. Jones, No. 720
    • United States
    • Court of Special Appeals of Maryland
    • April 7, 1982
    ...preliminary to completion of a crime in a second State may be, and sometimes are, punished as crimes in the first State. Thomas v. State, 262 Ark. 79, 553 S.W.2d 32, 33 (1977). The later results give criminal meaning to the earlier [443 A.2d 972] acts. Leflar, supra, § 115 at 232. 8 Thus, L......
1 books & journal articles
  • Criminal Justice is Local: Why States Disregard Universal Jurisdiction for Human Rights Abuses.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 55 Nbr. 2, March 2022
    • March 1, 2022
    ...found where one of the elements of embezzlement - failure to return the leased car - "negatively occurred" in Arizona); Thomas v. State, 262 Ark. 79 (1977) (jurisdiction over aggravated robbery found where defendant had commandeered the victim's car in Arkansas and culminating in the actual......

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