Ford v. State

170 S.W.2d 671, 205 Ark. 706, 1943 Ark. LEXIS 222
CourtSupreme Court of Arkansas
DecidedApril 19, 1943
Docket4295
StatusPublished
Cited by8 cases

This text of 170 S.W.2d 671 (Ford v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. State, 170 S.W.2d 671, 205 Ark. 706, 1943 Ark. LEXIS 222 (Ark. 1943).

Opinion

Holt, J.

Appellant, Tracey Ford, together with an accomplice, Vestal Maxwell, was charged in an information with the crime of murder in the first degree "while in the commission of the felonious crime of robbery of W. B. Stone.” Appellant was tried separately, found guilty and his punishment fixed by the jury at imprisonment for life in the state penitentiary. From the judgment on the verdict comes this appeal.

Appellant says that "the only point upon which he. urges a reversal of this case is that there is not any evidence to corroborate the statement of the admitted accomplice, Vestal Maxwell.”

Section 4017, Pope’s Digest, provides: "A conviction can not be had in any case of felony upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows that the offense was committed and the circumstances thereof. ’ ’ In construing this statutory requirement, this court in Kent v. State, 64 Ark. 247, 41 S. W. 2d 849, (quoting headnote 3) said: "The statutory requirement that the testimony of an accomplice shall be corroborated is fulfilled if there be any'evidence, independent of the testimony of the accomplice, which of itself tends to connect the accused with the offense; its weight being a question for the jury.’.’ 'And in the very recent case of Casteel v. State, ante, p. 82, 167 S. W. 2d 634, the rule is reiterated in this language: “The rule in this state is that the corroborating evidence need only tend to connect the defendant with the commission of the offense, and not that such evidence of itself be sufficient, and where there is substantial corroborating evidence tending to connect the defendant with the offense, its sufficiency is a question for the jury, together with that of the accomplice. Middleton v. State, 162 Ark. 530, 258 S. W. 995; Mullen v. State, 193 Ark. 648, 102 S. W. 2d 82; Smith v. State, 199 Ark. 900, 136 S. W. 2d 673; McDougal v. State, 202 Ark. 936, 154 S.W. 2d 810. See, also, Powell v. State, 177 Ark. 938, 9 S. W. 2d 583.”

The rule is also well established that the testimony of the defendant alone may be sufficient corroboration of an accomplice. In Dickson and Johnson v. State, 197 Ark. 1161, 127 S. W. 2d 126, we said: “We have but recently held that the testimony of a defendant may in itself be a sufficient corroboration of the evidence of an accomplice. Morris v. State, 197 Ark. 778, 126 S. W. 2d 93; Morris v. State, 197 Ark. 695, 123 S. W. 2d 513.”

The facts presented, when stated in tbeir most favorable light to the state (appellee), as we must do (Stlinkard v. State, 193 Ark. 765, 103 S. W. 2d 50), are in effect as follows: The deceased, Stone, was an old man. He had come from his home in Texas to Texarkana, Arkansas. He met appellant, Ford, and the accomplice, Maxwell, in the Coffee Shop of a hotel in that city at about 10 o’clock on the night of November 1, 1942. •Thej?' all drank freely of liquor. Appellant learned that Stone had money on his person. Around 3 o’clock a. m. appellant went to his room, 211 in the hotel, to lie down. Shortly thereafter, the deceased, in company with Maxwell, entered appellant’s room. After they had been in appellant’s room for some time Ford and Maxwell engaged in a fight with the deceased, and here wo quote from the testimony of appellant: . “Q. And the only beating you administered to W. B. Stone was in an effort to subdue him and prevent him from hurting- Maxwell i A. I beat him after I had the knife. I didn’t hit him while he had the knife. Q. It has been testified here that you got him down on the bed and pinned his arms down with your knees and was beating him in tbe face? A. Yes, sir. . . . A.. I am telling them I hit the man in the mouth with my fist, and that his lips were bleeding. Q. You tell this jury that you administered this severe beating to this drunken man just to take a knife away from him? A. No, sir. It wasn’t necessary.' Q. Why wasn’t it? Because he was drunk, wasn’t he? A. He had been, drinking. ’ ’

Sheriff W. E. Davis testified: “Q. You were present at the police station on Monday morning when the officer brought Tracey Ford in there? A. Yes. Q. About what time was that? A. Around 6 o’clock in the morning. Q. State whether or not Tracey Ford had blood on him. A. Yes, on his pants and on his shirt. Q. State what Vestal .Maxwell said, if anything, in the presence of the defendant, Tracey Ford, in regard to the robbery of the deceased, W. B. Stone. A. He said that they robbed him. He said that Ford had Stone down on the bed with his knees on his arms, beating him in the face, and that he reached back and got Stone’s purse out of his pocket and handed it to him, and that he hid $78 under the rug there in the room. He said'Ford told him to get $10 and go to the bus station and get a bus ticket so that they could get that man out of town. ’ ’

Appellant, Ford, further testified: “Q. You heard the testimony of Sheriff Davis in which he testified that Vestal Maxwell made the statement in your presence that you took the billfold and money therein off the deceased, Stone; did Maxwell make-that statement in your presence? A. Yes, sir. Q. And you didn’t say anything? A. No, sir; I didn’t because I didn’t have to.”

Witness Charlie Chittim testified in regard to finding the money taken from the deceased that he found a pocket book in the room where the fight occurred and that “the cover on the bed was all rumpled up and the two top quilts were all rumpled up and the billfold was under that”; that there were $2 in the billfold together ■with a bank book and an identification card with W. B. Stone’s name on it; that on information received from Maxwell he found “$78, or Mr. Johnson found it back under the rug. There was a place torn in the side of the rug and the $78 was stuffed hack under the rug. Q. Did you recover any other money? A. Yes, sir, tuvo ten-dollar hills. Q. Where did you get it? A. Under the scales in front of the Fair Store on East Broad street.”

Witness Davis further testified that appellant said that “Maxwell and Stone came up to his room where he was and that Maxwell and Stone got into an argument about some girl, and Stone opened a knife, and Maxwell, I believe he said he started on Maxwell with the knife and that he got hold of Stone or grabbed Stone and threw' him on the bed and beat him in the face and bursted his lip. Q. Did he admit or deny the robbery? A. lie denied it. Q. Did he state to you whether or not he was in the room after Maxwell left? A. Yes, he said that he was in there after Maxwell left.”

Appellant also testified: “Q. Did you tell Sheriff Davis that you were the last man in the room with W. B. Stone? A. I told him I was there when Maxwell left. Q. You were there in the room alone with W. B. Stone when Maxwell left? A. Yes, sir. Q. What time was that? A. I don’t know — around 3:30 — Oh, I don’t know. Q. And what was Stone doing? A. He was sitting on the edge of the bed with a bottle of whiskey in his hand.”

When appellant left room 211 the window in the room was down and in about 20 minutes the body of Stone was found beneath this window in the alley, face down, lying on a screen which had been torn from the window of room 211. T. J. Ellison testified that he and I. D. James occupied room 213, adjoining room 211; that he returned to his room between 3:43 and 4 o ’clock a. m.

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Bluebook (online)
170 S.W.2d 671, 205 Ark. 706, 1943 Ark. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-state-ark-1943.