Casteel v. State
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. statement by the court. At the March term, 1904, of the circuit court of St. Francis County the grand jury returned against appellant an indictment for murder in the first degree, charging that he, on the 25th of December, 1903, in St. Francis County, Arkansas, did unlawfully, feloniously, willfully, deliberately, premeditatedly, and with malice aforethought, wound, kill and murder Hall Sanders, by shooting him…
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Appeal from St. Francis Circuit Court. Hance N. Hutton, Judge. statement by the court. At the March term, 1904, of the circuit court of St. Francis County the grand jury returned against appellant an indictment for murder in the first degree, charging that he, on the 25th of December, 1903, in St. Francis County, Arkansas, did unlawfully, feloniously, willfully, deliberately, premeditatedly, and with malice aforethought, wound, kill and murder Hall Sanders, by shooting him with a pistol, against the peace and dignity of the State of Arkansas. At the same term, after arraignment and plea of…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The testimony of Riley Hunt was wholly irrelevant. It was too remote in point of time and place to become a part of the res gestae. It was exceedingly prejudicial to appellant, and the court erred in admitting it.
The testimony of Mrs. Prude was hearsay, and was prejudicial to appellant, inasmuch as it tended to show that deceased and appellant were not on friendly terms, thus contradicting the theory of the defense put forth by appellant that he and deceased were good friends at the time of the shooting, and that the killing was unintentional and…
2Cited by6 opinions
- Hobbs v. StateSupreme Court of Arkansas · 1908
- Bennett v. StateSupreme Court of Arkansas · 1910
- State v. BusterIdaho Supreme Court · 1915
- Brewer v. StateSupreme Court of Arkansas · 1971
- Dear v. StateSupreme Court of Arkansas · 1907
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