Spivey v. State
Supreme Court of Arkansas
Appeal from Monroe Circnit Court; Eugene Lank-ford, Judge; 1. The testimony of the witness, Mabel Lynch to the effect that she heard the deceased talking over the telephone on Wednesday night before the killing to some person unknown to her, was incompetent and should have been excluded. 12 Cyc. 423 ; 3 N. Y. Cr. Rep. 483; 31 Tex. Cr.
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Appeal from Monroe Circnit Court; Eugene Lank-ford, Judge; 1. The testimony of the witness, Mabel Lynch to the effect that she heard the deceased talking over the telephone on Wednesday night before the killing to some person unknown to her, was incompetent and should have been excluded. 12 Cyc. 423 ; 3 N. Y. Cr. Rep. 483; 31 Tex. Cr. Rep. 349, 20 S. W. 753. See, also, 1 R. C. L., 477, § 13; 74 Pac. 275; 94 Ark. 404. 2. The court erred in admitting as evidence the notes of deceased to his daughter, dated May 7 and May 9,1913, and the two entries dated May 7 and May 9,1913, found in the diary…
1Opinion of the CourtHart, J.
The defendants, Robert Spivey and Lillie D. Lynch, were indicted for the crime of murder in the first degree, charged to have been committed by Robert Spivey shooting R. 0.- Lynch while Lillie D. Lynch was present aiding and abetting him. The defendants were tried before a jury and convicted of murder in the .second degree, their punishment being fixed at five years in the State penitentiary. From the judgment of conviction, they have duly prosecuted an appeal to this court.
The facts, so far as are necessary for a determination of the assignments of error presented, briefly stated, are as…
2Cases cited3 opinions
- Carr v. StateSupreme Court of Arkansas · 1884
- Binns v. StateIndiana Supreme Court · 1877
- State v. PearceSupreme Court of Kansas · 1912
3Cited by15 opinions
- Walker v. StateSupreme Court of Arkansas · 1919
- Sullivan v. StateSupreme Court of Arkansas · 1926
- Pennsylvania Trust Co. v. GhriestSuperior Court of Pennsylvania · 1925
- Hill v. StateSupreme Court of Arkansas · 1973
- State v. HughesSupreme Court of Missouri · 1939
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