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16-89-113. Evidence — Acquittal upon certain insufficient evidence.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-89-113. Evidence — Acquittal upon certain insufficient evidence.
(a) In all cases where, by law, two (2) witnesses, or one (1) witness with corroborating circumstances are requisite to warrant a conviction, the court shall instruct the jury to render a verdict of acquittal if the requisition is not fulfilled, by which instruction they are bound.
(b)(1) Where two (2) or more persons are included in the same indictment, and the court is of the opinion that the evidence in regard to a particular individual is not sufficient to put him or her on his or her defense, it must, on motion of either party desiring to use the defendant as a witness, order him or her to be discharged from the indictment and permit him or her to be examined by the party so moving.
(2) The order is an acquittal of the defendant and a bar to another prosecution for the same offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-89-113
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-89-113
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f4880b45e5f514ec17b5210f885c6fdb69123a59c6341d881a6cc3b295cfcb1e
Source location: content.xml paragraph 32903
Stored source content
16-89-113. Evidence — Acquittal upon certain insufficient evidence.
(a) In all cases where, by law, two (2) witnesses, or one (1) witness with corroborating circumstances are requisite to warrant a conviction, the court shall instruct the jury to render a verdict of acquittal if the requisition is not fulfilled, by which instruction they are bound.
(b)(1) Where two (2) or more persons are included in the same indictment, and the court is of the opinion that the evidence in regard to a particular individual is not sufficient to put him or her on his or her defense, it must, on motion of either party desiring to use the defendant as a witness, order him or her to be discharged from the indictment and permit him or her to be examined by the party so moving.
(2) The order is an acquittal of the defendant and a bar to another prosecution for the same offense.
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