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SIMMONS v. STATE

No. CR 73-94.

498 S.W.2d 870 (1973)

Noah SIMMONS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

September 17, 1973.

Attorney(s) appearing for the Case

Harold L. Hall, Public Defender, Little Rock, for appellant.

Jim Guy Tucker, Atty. Gen., by Philip M. Wilson, Asst. Atty. Gen., for appellee.

JONES, Justice.

Noah Simmons was convicted of grand larceny and sentenced to 21 years in the penitentiary with 11 years suspended. On appeal to this court, he contends that the evidence was only circumstantial and was insufficient to sustain his conviction. The appellant relies on a rule announced in a number of our decisions that:

"Where circumstantial evidence alone is relied upon to establish the guilt of one charged with crime, such evidence must exclude...

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