{
  "id": 1627302,
  "name": "Richard Monroe SIMS v. STATE of Arkansas",
  "name_abbreviation": "Sims v. State",
  "decision_date": "1973-03-05",
  "docket_number": "5819",
  "first_page": "1119",
  "last_page": "1121",
  "citations": [
    {
      "type": "official",
      "cite": "253 Ark. 1119"
    },
    {
      "type": "parallel",
      "cite": "491 S.W.2d 583"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "253 Ark. 676",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1627333
      ],
      "weight": 2,
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/ark/253/0676-01"
      ]
    },
    {
      "cite": "253 Ark. 1116",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1627338
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ark/253/1116-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T14:44:30.788798+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Richard Monroe SIMS v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nAccording to the State\u2019s proof, four men, one of whom was armed with a pistol, robbed the Rosedale Drug Store in Little Rock on January 24, 1972. Two of the men, Tommy Stacker and the appellant Sims, were tried jointly. Sims was found guilty and, as a habitual offender, was sentenced to 21 years imprisonment. A mistrial was declared with respect to Stacker, the jury being unable to agree upon a verdict.\nSims first complains of the admission in evidence of Stacker\u2019s confession from which all references to Sims by name had been deleted. Stacker later testified in his own defense, denying that he voluntarily signed the confession and insisting that he had no part in the robbery. For the reasons stated in Jackson v. State, 253 Ark. 1116, 491 S.W. 2d 581, also decided today, there was no denial of Sims\u2019s right to be confronted with the witnesses against him, for he unquestionably had an opportunity to cross-examine Stacker.\nUpon the appellant\u2019s second point for reversal, we cannot say that the trial judge, after having found Sims\u2019s own confession to have been voluntary, erred in submitting the issue of voluntariness to the jury. See Walker v. State, 253 Ark. 676, 488 S.W. 2d 40 (1972), and cases there cited. The court\u2019s action was certainly not prejudicial, since it afforded Sims a second opportunity to obtain a favorable decision upon the issue of voluntariness.\nFinally, the State called Charles Moorman as a witness. Moorman admitted having participated in the robbery of the drug store, but he surprised the prosecution by denying that Sims and Stacker participated in the crime. Sims nevertheless complains of this question and answer, from Moorman\u2019s testimony:\n\u201cQ. Were these two men with you when that drug store was robbed?\n\u201cA. No, sir; they wasn\u2019t. I never robbed anything with those two gentlemen.\u201d\nThe appellant contends that Moorman\u2019s answer might have been construed by the jury to mean that Moorman had participated in other crimes with Sims and Stacker, but that remote possibility is far too conjectural to represent prejudicial error.\nAffirmed.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Howard, Howard <\u00bfr Howard, for appellant.",
      "Jim Guy Tucker, Atty. Gen., by: Frank B. Newell, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Richard Monroe SIMS v. STATE of Arkansas\n5819\n491 S.W. 2d 583\nOpinion delivered March 5, 1973\nHoward, Howard <\u00bfr Howard, for appellant.\nJim Guy Tucker, Atty. Gen., by: Frank B. Newell, Asst. Atty. Gen., for appellee."
  },
  "file_name": "1119-01",
  "first_page_order": 1169,
  "last_page_order": 1171
}