Powell v. State
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court, Second Division; R. E. L. Johnson, Judge; STATEMENT OE EAGTS. Appellant was indicted at the February, 1921, term of the Crittenden Circuit Court for the crime of rape, alleged to have been committed 'by forcibly and carnally knowing one Myrtle Johnson, a female under the age of sixteen.
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Appeal from Crittenden Circuit Court, Second Division; R. E. L. Johnson, Judge; STATEMENT OE EAGTS. Appellant was indicted at the February, 1921, term of the Crittenden Circuit Court for the crime of rape, alleged to have been committed 'by forcibly and carnally knowing one Myrtle Johnson, a female under the age of sixteen. The presiding judge was subpoenaed as a witness for appellant, and on March 3, the day of trial, appellant filed a motion to disqualify the judge on that account. The court overruled the motion, and, in doing so, stated, that he had previously advised counsel for appellant…
1Opinion of the Court
Smith, J.,
(after stating the facts). Counsel for appellant cite a number of authorities to the effect that the trial court cannot serve both as a witness and the court in the same trial. In the instant case the trial court might well have refused to testify, for the incident about which the judge was interrogated occurred in open court at the preceding term, and in the presence of the 'entire grand jury and many witnesses, including, it seems, counsel for appellant. ÍWhat we have said about the judge is equally applicable to the former prosecuting attorney. The proof of the statements of…
2Cases cited14 opinions
- Rogers v. StateSupreme Court of Arkansas · 1894
- Ware v. StateSupreme Court of Arkansas · 1909
- Hunt v. StateSupreme Court of Arkansas · 1914
- Oakes v. StateSupreme Court of Arkansas · 1918
- Peters v. StateSupreme Court of Arkansas · 1912
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Amos v. StateSupreme Court of Arkansas · 1945
- Henderson v. StateSupreme Court of Arkansas · 1974
- Brust v. StateSupreme Court of Arkansas · 1922
- Turner v. StateSupreme Court of Arkansas · 1922
7 more not listed; retrieve them via the Exa API.