Legal Opinion

Rider v. State

Supreme Court of Arkansas

Decided September 29, 1919PublishedCited by 3 opinions

Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. Defendant’s motion for a continuance should have been granted. The proper showing was made and the court abused its discretion in refusing a continuance. 99 Ark. 394; 94 Id.. 545; 71 Id. 180; 60 Id. 564; 21 Id. 460. 2. The court erred in refusing to give instruction No. 1-A, asked by defendant.

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Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. Defendant’s motion for a continuance should have been granted. The proper showing was made and the court abused its discretion in refusing a continuance. 99 Ark. 394; 94 Id.. 545; 71 Id. 180; 60 Id. 564; 21 Id. 460. 2. The court erred in refusing to give instruction No. 1-A, asked by defendant. It correctly states the law and is not covered by any other given. 74 Ark. 453; 102 Id. 109; 120 Id. 30-34; 91 Id. 570-575. 3. The argument of the prosecuting attorney in his closing speech was prejudicial. 61 Ark. 130; 58 Id. 353; 95…

1Opinion of the CourtMcCULLOCH, C. J.

Appellant, Oliver Rider, was convicted of murder in the second degree in the killing of Lon Hatler, which occurred on March 3, 1919, in the county of Independence.

The killing occurred out in a field on a farm occupied by appellant under a lease. Appellant had sub-rented that part of the farm to a tenant named Pharr, and appellant was working with Pharr in the field at the time of the killing. Hatler had cultivated another field during the previous year under rental contract with appellant, and the quarrel which led up to the killing grew out of differences between the men as to whether or not…

2Cited by3 opinions

  1. Stewart v. StateSupreme Court of Arkansas · 1921
  2. Laster v. StateSupreme Court of Arkansas · 1922
  3. Mason v. StateSupreme Court of Arkansas · 1922

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