Pless v. State
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. The appellant was indicted and convicted of murder in the first degree for killing one Lillie Gardner. The testimony shows that she, with her sister, Lucy Kelly, had started home, and were driving along the street in a buggy in the city of Russell-ville.
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Appeal from Pope Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. The appellant was indicted and convicted of murder in the first degree for killing one Lillie Gardner. The testimony shows that she, with her sister, Lucy Kelly, had started home, and were driving along the street in a buggy in the city of Russell-ville. Lucy Kelly, relating the occurrence, stated that she was the married sister of the deceased girl; that when they got near Mr. Brashear’s gate, Cecil Pless ran out and grabbed the lines and said, “Lillie, I want you to tell me the truth.” She said: “What is it?” He…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the court erred in giving said instruction numbered 18 at the time and in the manner it did, without calling attention to the other instructions as part of the law of the case, and that the instruction itself is not the law.
It was within the province of the presiding judge to recall the jury and give them further instructions when, in the exercise of a proper discretion, he regarded it necessary to do so in the furtherance of justice, and it is not always necessary in such cases- that he should repeat the whole charge, but this…
2Cases cited3 opinions
- Lee v. StateSupreme Court of Arkansas · 1904
- Wood v. StateSupreme Court of Arkansas · 1879
- Chowning v. StateSupreme Court of Arkansas · 1909
3Cited by7 opinions
- Kagebein v. StateSupreme Court of Arkansas · 1973
- Harrison v. StateSupreme Court of Arkansas · 1940
- McGaha v. StateSupreme Court of Arkansas · 1949
- Burton v. StateTennessee Supreme Court · 1965
- Slim & Shorty v. StateSupreme Court of Arkansas · 1916
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