125 Ark. 263 | Ark. | 1916
The defendant, Aubrey Hall, was indicted jointly with Roy Thomas, Bert Elliot and W. B. Walker, on the charge of burglary and grand larceny by entering the store of W. A. Benge in the City of Texarkana, and on his election to sever his cause from that of the other defendants he was put on trial and convicted on both charges.
“The doctrine of reasonable doubt,” said this court in the case of Lackey v. State, 67 Ark. 416, “applies to the general issue of guilty or not guilty; but it does not apply to each item of testimony.or to each circumstance tending to show the guilt of the defendant.” ■ In Lasater v. State, 77 Ark. 468, the court held that in the trial of a •criminal case where corroboration was required, it was not essential that the State establish the corroboration beyond a reasonable doubt. These authorities are conclusive of the present question, and we hold that while it devolves on the State to show that a confession was voluntarily made before it can be introduced in evidence, it is not necessary to establish that fact beyond a reasonable doubt, but that it is sufficient to show it by a mere preponderance of the testimony.
The record does not disclose any error which occurred at the trial, and as the evidence is sufficient to sustain the verdict the judgment must be affirmed. It is so ordered.