Melton v. State
Supreme Court of Arkansas
APPEAL from Clay Circuit Couit. Hon. H. H. Cate, Circuit Judge. The evidence of the whipping of Hale was admissible to show malice. The instructions were as favorable! to defendant as the law would allow, and on the subject of accomplices were almost in the language of the Statute. Gantt’s Dig. Seo. 1237. A conspirator may repent and abandon the conspiracy before the crime is executed, and is not then chargeable as an accessory or conspirator, 3 Greenl. Em.
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APPEAL from Clay Circuit Couit. Hon. H. H. Cate, Circuit Judge. The evidence of the whipping of Hale was admissible to show malice. The instructions were as favorable! to defendant as the law would allow, and on the subject of accomplices were almost in the language of the Statute. Gantt’s Dig. Seo. 1237. A conspirator may repent and abandon the conspiracy before the crime is executed, and is not then chargeable as an accessory or conspirator, 3 Greenl. Em. See. 40., and if not an accessory is clearly a competent witness.
1Opinion of the CourtSmith, J.
The appellant was charged with the murder of Franklin Hale, was found guilty of murder in the first degree and was sentenced to suffer the penalty of death.
The conviction was had mainly upon the testimony of one Lawrence. This witness swore that, in the Spring of 1881, when Hale was killed, the defendant, himself and several others, whose names were mentioned, were members of a secret organization, called by themselves the Southern Brotherhood and by others Ku-Klux ; that this band was bound by oath to keep seceret the doings and works of their order ; that they had officers, of whom the…
2Cited by22 opinions
- Olles v. StateSupreme Court of Arkansas · 1976
- Greenwood v. StateSupreme Court of Arkansas · 1913
- Hummel v. StateSupreme Court of Arkansas · 1946
- Ezell v. StateSupreme Court of Arkansas · 1950
- State v. GrantIdaho Supreme Court · 1914
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