Supreme Court of Arkansas

State of Arkansas, Appellant v. Walter Cecil Gray, Appellee — Goodson, J., Dissenting

December 1, 20162016 Ark. LEXIS 347

Summary

Justice Goodson dissents from the majority's conclusion that the court has jurisdiction over the State's appeal concerning whether theft by deception is a continuing offense for statute-of-limitations purposes. She reasons that determining whether the offense was continuing depends on the facts and therefore presents a mixed question of law and fact, making the appeal improper under the limits governing State criminal appeals. She would dismiss the appeal in its entirety.