Redd v. State
Supreme Court of Arkansas
Appeal from Drew Circuit Court. Marcus L. Hawkins, Judge. The court erred in permitting James Robinson to testify in this case, because he had been convicted of an infamous crime, and his competency had never been restored by a proper pardon. As to general purpose and effect of a pardon, see: 18 How. 307; 44 Ark. 122; 49 Ark. 176. A conditional pardon, before the condition is complied with, does not restore competency as a witness. Bish. Cr. Law, § 915, subhead 2; 30 Am.
Read the full summary
Appeal from Drew Circuit Court. Marcus L. Hawkins, Judge. The court erred in permitting James Robinson to testify in this case, because he had been convicted of an infamous crime, and his competency had never been restored by a proper pardon. As to general purpose and effect of a pardon, see: 18 How. 307; 44 Ark. 122; 49 Ark. 176. A conditional pardon, before the condition is complied with, does not restore competency as a witness. Bish. Cr. Law, § 915, subhead 2; 30 Am. Rep. 395; 23 Am. Dec. 150; 8 W. & S. 98; 49 Am. Rep. 684; 17 Am. St. Rep. 832; 53 Am. Rep. 397; 8 Ct. Cl. 460; 7 ib. 443; 7…
1Opinion of the CourtWood, J.
This appeal is from a conviction of murder in the first degree.
First. One of the grounds of the motion for new trial is as follows: “Because the court erred in permitting the prosecution to read to the jury, as evidence in the case, the testimony of John Henry, given at a former trial of this case; the same being irrelevant, incompetent, and no proper foundation having been laid for the introduction of same.” Witness H. W. Wells read from the bill of exceptions prepared for the first' appeal what counsel on both sides agree was the testimony of John Henry. In the midst of this testimony, as…
2Cases cited8 opinions
- United States v. WilsonSupreme Court of the United States · 1833
- Elsberry v. BoykinSupreme Court of Alabama · 1880
- State v. FoleyNevada Supreme Court · 1880
- State v. LeakIndiana Supreme Court · 1854
- Ex parte PowellSupreme Court of Alabama · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- Carpenter v. LordOregon Supreme Court · 1918
- Hogan v. HartwellSupreme Court of Alabama · 1942
- Fletcher v. GrahamKentucky Supreme Court · 2006
- Caldwell v. StateSupreme Court of Arkansas · 1901
12 more not listed; retrieve them via the Exa API.