Wingfield v. State
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M Carter, Judge; Threats are admissible to show who was the probable aggressor in the difficulty. 82 Ark. 595. The jury should have been polled.
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Appeal from Clark Circuit Court; Jacob M Carter, Judge; Threats are admissible to show who was the probable aggressor in the difficulty. 82 Ark. 595. The jury should have been polled. Kirby’s Dig. § 2419; Thompson on Trials, § 2632; 63 Ala. 97; 20 Cal. 69; 31 Ark. 196; 69 Ark. 626. Where the jury may be polled as of right, it is error to receive the verdict in the absence of defendant’s counsel whereby the right is lost. 31 Wis. 615. In filing a bill of exceptions proved by bystanders, the statute must be strictly complied with.' 71 Ark. 577; 57 Ark. 1; 56 Ark. 594. The case of Boone v.…
1Opinion of the CourtMcCulloch, C. J.
W. O. Wingfield was convicted of the crime of manslaughter, and appeals. Among other assignments of error, he shows that when the jury returned a verdict against him he requested the court to poll the jury, but that the court refused to do so. The statute, which is a part of the Code of Criminal Procedure, provides that, “upon a verdict being rendered, the jury may be polled at the instance of either party, which consists of the clerk or judge asking each juror if it is his verdict, and if one answers in the negative the verdict cannot be received” (Kirby’s Digest, § 2419).
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2Cases cited4 opinions
- Brown v. StateSupreme Court of Alabama · 1879
- Smith v. StateSupreme Court of Arkansas · 1891
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1875
- Boone v. HolderSupreme Court of Arkansas · 1908
3Cited by6 opinions
- State v. WojtalewiczCourt of Appeals of Wisconsin · 1985
- Perry v. StateSupreme Court of Arkansas · 1933
- Kindrix v. StateSupreme Court of Arkansas · 1919
- Kendrick v. StateSupreme Court of Arkansas · 1930
- State v. PockertCourt of Appeals of Washington · 1987
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