Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BARNES v. STATE

May 7, 1973

ROBERT BARNES
V.
STATE OF ARKANSAS



Appeal from Pulaski Circuit Court, Fourth Division, Richard B. Adkisson, Judge; affirmed.

SYLLABUS BY THE COURT

1. CRIMINAL LAW - SUSPENDED SENTENCE, REVOCATION OF - REVIEW. - Trial court's action in revoking the suspension of a sentence will not be reversed on appeal unless there has been a gross abuse of the trial court's discretion.

2. CRIMINAL LAW - SUSPENDED SENTENCE, REVOCATION OF - CONVICTION OF SUBSEQUENT OFFENSE AS PREREQUISITE. - Conviction of a subsequent offense is not a prerequisite to revocation of a suspended sentence, nor does a mistrial resulting from a deadlocked jury in a subsequent offense preclude revocation.

3. CRIMINAL LAW - IMPERSONATING AN OFFICER - ACTIONS VIOLATIVE OF STATUTE. - It is not necessary that there be an actual undertaking to make an arrest to constitute the offense of impersonating an officer, but an attempt to exercise some of the powers, duties, functions or privileges incident to the office asserted to be held at the time are sufficient to constitute the offense denounced by Ark. Stat. Ann. 42-110 (Repl. 1964).

4. CRIMINAL LAW - SUSPENDED SENTENCE, REVOCATION OF - SUFFICIENCY OF EVIDENCE. - The sufficiency of the evidence to support revocation of a suspended sentence lies within the sound judicial discretion of the trial court, and there is not a gross abuse of that discretion unless there is no basis in fact for the court's action.

The opinion of the court was delivered by: John A. Fogleman, Justice.

Robert Barnes, the appellant herein, contends that the circuit court grossly abused its discretion by revoking the suspension of a sentence of 15 years' imprisonment imposed upon him on March 21, 1972, after his plea of guilty to a charge of assault with intent to rape. We affirm because we do not find such an abuse of discretion.

There was evidence on behalf of the state that when the circuit judge advised Barnes that his sentence would be suspended and that he would be ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.