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204 Ark. 470

163 S.W.2d 150

Tate v. State

Supreme Court of Arkansas

Decided June 8, 1942

Supreme Court of Arkansas · decided 1942-06-08

Relies on Missouri Pacific Transportation Co. v. Bell · McDougal v. State · Murphy v. Murphy

Good law ✅— No negative treatment on recordhow we know

Decided 1942-06-08

How this case has been cited

Cited by 11 later decisions — most recently April 1995

11 state decisions

60194219501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Grieein Smith, O. J.,

¶1(concurring). No prejudice resulted from the court’s ruling that the information might be amended. If, however, it is the majority’s intention to say that substitution of one name for another in any case would not be error, I think that holding would be wrong. If it should be alleged that A, of Pulaski county, stole a cow belonging to B, of Sebastian county, when in fact the animal had been purloined from 0, of Union county, and the defendant in good faith had prepared to defend the original charge, it would not require the marshalling* of logic to convince one that rights had been impaired by permitting a different owner to be named and denying time to meet the new issue.

¶2In quoting from McDougal v. State, 202 Ark. 936, 154 S. W. 2d 810, the statement is repeated that “. . . sufficiency of the corroborating evidence is also a question for the jury.” Credibility of witnesses whose testimony corroborates an accomplice is for the jury, but such evidence must be substantial, and substantiality is a matter of law. Murphy v. Murphy, 144 Ark. 429, 222 S. W. 721; Missouri Pacific Transportation Company v. Bell, 197 Ark. 250, 122 S. W. 2d 958.

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