Legal Opinion

Cole v. State

Supreme Court of Arkansas

Decided April 21, 1894PublishedCited by 14 opinions

Appeal from Sevier Circuit Court. Will P. Reazell, Judge. 1. There is no evidence to support the verdict. 2. The evidence of Annie Logan to impeach Sam Lacy, and of Annie Logan and Rd. Moss to sustain Thomas Brimmer was not admissible. 1 Rice on Rv. p. 629, 630. The witness must be acquainted with the general reputation of the witness among his neighbors. 1 Gr.

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Appeal from Sevier Circuit Court. Will P. Reazell, Judge. 1. There is no evidence to support the verdict. 2. The evidence of Annie Logan to impeach Sam Lacy, and of Annie Logan and Rd. Moss to sustain Thomas Brimmer was not admissible. 1 Rice on Rv. p. 629, 630. The witness must be acquainted with the general reputation of the witness among his neighbors. 1 Gr. Ev. sec. 461 and notes; 15 Ark. 651; 34 id. 257, 262 ; 51 id. 140; 29 id. 137 ; 16 U. S. (Hawy. ed.), p. 479 and notes ; 23 How. (U. S.), 2; 4 Wend. 257 ; 19 id. 579. No evidence can be used except general evidence. Roscoe, Cr. Ev. p.…

1Opinion of the CourtBunn, C. J.

The appellant, having been indicted in the Hittle River circuit court for the crime of murdering one Drennan Hogan, was tried, on a change of venue, in the Sevier circuit court, at its January term, 1894, and convicted of murder in the first degree, and sentence and judgment were pronounced accordingly. Erom the judgment the appellant appeals to this court, and asks a reversal of the same.

The appellant was the father-in-law of the deceased, and they lived near each other. There was evidence going to show the existence of animosity in the heart of appellant towards the deceased; that, about 4…

2Cited by14 opinions

  1. State v. WilsonSupreme Court of Iowa · 1913
  2. Ward v. StateCourt of Criminal Appeals of Oklahoma · 1918
  3. Ezell v. StateSupreme Court of Arkansas · 1950
  4. Guardian Life Insurance v. DixonSupreme Court of Arkansas · 1922
  5. Dean v. StateSupreme Court of Arkansas · 1917

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