Ark. Code Ann. § 16-89-112 (2020)
Evidence — Proof of certain acts or facts
- In trials for treason, no evidence shall be given of an overt act that is not expressly laid in the indictment, and no conviction shall be had unless one (1) or more overt acts are alleged therein.
- In trials of indictments for conspiracy, in cases where an overt act is required by law to consummate the offense, no conviction shall be had unless one (1) or more overt acts are expressly alleged in the indictment and proved on the trial. However, overt acts other than those alleged in the indictment may be given in evidence on the part of the prosecution.
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- If the existence, constitution, or powers of any banking company shall become material or are in any manner drawn in question on the trial of any indictment or other proceeding in a criminal cause, it shall not be necessary to produce a certified copy of the charter or act of incorporation, but the existence, constitution, or powers may be proved by general reputation or by the printed statute book of the state by which the corporation was created.
- On the trial of any indictment for counterfeiting any bill or note of any bank in this state, or of the United States, or of any other state or territory of the United States, the prosecuting attorney shall not be required to produce, on the trial, an authenticated copy of the charter of the bank, but the charter may be established in the manner prescribed in subdivision (c)(1) of this section.
History. Rev. Stat., ch. 45, §§ 161, 162, 164, 165; C. & M. Dig., §§ 3117-3120; Pope's Dig., §§ 3951-3954; A.S.A. 1947, §§ 43-2012 — 43-2015.
Case Notes
Applicability.
This section applies to all cases involving allegations of criminal conspiracy. Guinn v. State, 23 Ark. App. 5, 740 S.W.2d 148 (1987).
Proof by Reputation.
In a prosecution for stealing the books of a banking corporation with intent to defraud, it is sufficient to prove that there was such a corporation de facto, which may be proved by general reputation. Mears v. State, 84 Ark. 136, 104 S.W. 1095 (1907).
Where the ownership of property alleged to have been stolen was charged to be in a certain railroad company, “a corporation,” it was only necessary for the state to prove the de facto existence of the corporation, and evidence of general reputation of corporate existence was sufficient. Pearrow v. State, 146 Ark. 182, 225 S.W. 311 (1920).
Proof Required.
Under this section, it is required that state both allege and prove specific overt act evidencing that conspiracy has been put in motion, and provided issue is properly raised, failure to both allege and prove such an act is fatal to a conviction. Guinn v. State, 23 Ark. App. 5, 740 S.W.2d 148 (1987).
—Insufficient Proof.
“Open file” policy did not meet requirements of this section, and such failure warranted new trial. Guinn v. State, 23 Ark. App. 5, 740 S.W.2d 148 (1987).
—Sufficient Proof.
Evidence held sufficient to support conviction. Shamlin v. State, 23 Ark. App. 39, 743 S.W.2d 1 (1988), rehearing denied, 23 Ark. App. 39, 744 S.W.2d 405 (1988), cert. denied, Shamlin v. Arkansas, 488 U.S. 863, 109 S. Ct. 163 (1988).
Cited: Lee v. State, 27 Ark. App. 198, 770 S.W.2d 148 (1989).