189 S.W.2d 787 | Ark. | 1945
Appellees, Dixon, Carter and Robertson, were charged in information filed by the prosecuting attorney with violation of 3212 of Pope's Digest, which makes unlawful the sale, transfer or disposal of mortgaged chattels with intent to defeat the mortgagee in the collection of his debt. The evidence established that appellee Dixon had mortgaged his cotton crop to the United States of America, to secure a F. S. A. loan, on which a considerable balance remained unpaid at the time of the sale of the cotton referred to in the information; that appellee Dixon procured appellee Carter to haul the cotton to Gould, where appellee Robertson, who had been asked by the other two appellees to accompany them on the trip, had the cotton ginned in his name and sold it for $110.60, Dixon receiving from Robertson $60 out of the proceeds. It was also shown that Dixon failed to pay to the mortgagee any part of the money received for the cotton until after his arrest; but the officials of the F. S. A. *157 admitted that Dixon had permission from them to sell the cotton in the open market, with the understanding that he should pay over the proceeds to the mortgagee.
At the conclusion of the testimony the trial court, deeming that, under the rule announced in the case of Lawhorn v. State,
The prosecuting attorney prayed an appeal, prosecuted here by the Attorney General, under the authority of 4253 and 4254 of Pope's Digest, authorizing such an appeal when the Attorney General, from an inspection of the record, determines that the trial court has committed an error, correction of which by the Supreme Court is essential to the proper and uniform administration of the criminal laws of the state. In all such cases, regardless of the decision in this court, the trial had below is a bar to any subsequent trial of the accused for the same offense, the only possible result of the appeal being a ruling by us on questions of law that might serve as a guide in future trials.
This court, in the case of State v. Smith,
In the case of State v. Spear and Boyce,
To the same effect is our holding in the case of State v. Gray,
The appeal by the State in the case at bar presents no question as to the sufficiency of the information, the admissibility of testimony, the competency of witnesses, the correctness of instructions, or any other question, the determination of which might furnish a precedent that would be "important to the correct and uniform administration of the criminal law." The sole issue presented by this appeal is whether the evidence presented below was sufficient to show guilt of the appellees. It is not probable that there will hereafter be another case in which the facts proved will be so similar to those in the case at bar as to make a decision by us on the question of the sufficiency of the evidence herein of value as a precedent. Therefore, under the rule heretofore announced by us, this appeal is not one which we should entertain.
The application presented by this appeal for a decision by us on this question is denied.