Eastling v. State
Supreme Court of Arkansas
Appeal 'from Perry Circuit Court. ROBERT J. Lea, Judge. It was error not to allow appellant to be present at the formation and impaneling of the grand jury. Sand. & II. Dig., § .3067; 50 Ark. 543; 43 Ark. 394; 43 Ark. 395; 10 Ark. 631; 177 IT. S. 447. In the selection of the jury appellant was denied the equal protection of the law. 103 IT. S. 370; 100 IT. S. 339; id. 313; id. 303; 140 IT. S. 378; 58 S. W. 97; 177 U. S. 443; 39 Tex. Cr.
Read the full summary
Appeal 'from Perry Circuit Court. ROBERT J. Lea, Judge. It was error not to allow appellant to be present at the formation and impaneling of the grand jury. Sand. & II. Dig., § .3067; 50 Ark. 543; 43 Ark. 394; 43 Ark. 395; 10 Ark. 631; 177 IT. S. 447. In the selection of the jury appellant was denied the equal protection of the law. 103 IT. S. 370; 100 IT. S. 339; id. 313; id. 303; 140 IT. S. 378; 58 S. W. 97; 177 U. S. 443; 39 Tex. Cr. Rep. 345. The evidence fails to show premeditation and deliberation, and the sentence cannot stand for murder in the first degree. 56 Ark. 5. No such…
1Opinion of the Court
BüNN, C. J.
This is an indictment against the appellant, Ed Eastling, in the Perry county circuit court, upon which he was tried and .convicted in said court at its August term, 1900, of murder in the first degree, from which he appealed to this court, after motions to quash indictment and for now trial were made by him and overruled.
There were two causes assigned in support of the motion to quash the indictment. The first was that the defendant, although in jail at the time, was not given an opportunity to appear and object to the formation of the grand jury which found the indictment, as…
2Cases cited2 opinions
- Virginia v. RivesSupreme Court of the United States · 1880
- Carter v. TexasSupreme Court of the United States · 1900
3Cited by10 opinions
- Luther Bailey v. Lee Henslee, Superintendent of the Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1961
- Montgomery v. StateSupreme Court of Florida · 1908
- Rowe v. StateSupreme Court of Arkansas · 1955
- Threet v. StateSupreme Court of Arkansas · 1913
- Robbins v. StateSupreme Court of Arkansas · 1951
5 more not listed; retrieve them via the Exa API.