Goddard v. State
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; lames S. Steel, Judge; 1. The court erred in refusing to postpone the trial until the defendant was in physical condition to prepare for it. Where the defendant is too ill for trial, he is entitled to a continuance. Clark’s Crim. Proc. 412. Likewise if his counsel becomes ill and can not attend the trial. 26 S. W. 60. 2. The record does not disclose that the jurors selected and impaneled to try the case were sworn as required by law.
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Appeal from Sevier Circuit Court; lames S. Steel, Judge; 1. The court erred in refusing to postpone the trial until the defendant was in physical condition to prepare for it. Where the defendant is too ill for trial, he is entitled to a continuance. Clark’s Crim. Proc. 412. Likewise if his counsel becomes ill and can not attend the trial. 26 S. W. 60. 2. The record does not disclose that the jurors selected and impaneled to try the case were sworn as required by law. Kirby’s Digest, § 2373; 25 Ark. 106; 37 Ark. 61; 34 Ark. 257; 45 Ark. 146. Such error appearing on the face of the record, it…
1Opinion of the CourtRiddick, J.
The defendant, D. T. Goddard, was indicted, tried and convicted of murder in the first degree for killing one Ed Ward by shooting him with a gun, on the 17th day of May, 1905, in Sevier County, Arkansas.
The brief filed for defendant presents only two questions: One of these was based on the fact that the record failed to show that the jury before which defendant was tried was sworn as the law requires. But the record has since been amended so as to show that the jury were properly sworn. The circuit court at a subsequent term heard the testimony of the jurors who tried the case and of other…
2Cases cited3 opinions
- In Re WightSupreme Court of the United States · 1890
- Ward v. MagnessSupreme Court of Arkansas · 1905
- Binns v. StateSupreme Court of Arkansas · 1879
3Cited by13 opinions
- Williams, Standridge & Deaton v. StateSupreme Court of Arkansas · 1958
- Nix v. StateCourt of Criminal Appeals of Oklahoma · 1922
- McPherson v. StateSupreme Court of Arkansas · 1933
- Bailey v. StateSupreme Court of Arkansas · 1942
- Richardson v. StateSupreme Court of Arkansas · 1925
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