Legal Opinion

Johnson v. State

Supreme Court of Arkansas

Decided December 15, 1894PublishedCited by 14 opinions

Appeal from Faulkner Circuit Court. James S. Thomas, Judge. 1. The court erred in asking the defendant, on cross-examination, if he did not forfeit his bail on a charge of felony when he left Texas. Mansf. Dig. sec. 2902; 34 Ark. 257; 51 id. 140. This error was not cured. The incompetent evidence should have been expressly withdrawn from the jury. 102 TJ.

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Appeal from Faulkner Circuit Court. James S. Thomas, Judge. 1. The court erred in asking the defendant, on cross-examination, if he did not forfeit his bail on a charge of felony when he left Texas. Mansf. Dig. sec. 2902; 34 Ark. 257; 51 id. 140. This error was not cured. The incompetent evidence should have been expressly withdrawn from the jury. 102 TJ. S. 457; 43 Ark. 99. 2. The remarks of the judge were prejudicial error. 17 Kas. 462 ; 38 Mich. 416; 46 Mich. 623 ; 29 N. E. 909; 42 Ind. 420 ; ■ 14.S. W. 538. 3. It was reversible error to keep the jury together for ninety-four hours while…

1Opinion of the CourtBattle, J.

J. S. Johnson was indicted for murder in the first degree; was convicted of murder in the second degree; his conviction was set aside; he was tried the second time, and convicted of manslaughter.

He complains of three alleged errors in the second trial. First. While he was testifying in his own behalf, the prosecuting attorney asked him, on cross-examination, if he did not forfeit a bail bond which he had given to answer a charge of felony when he left Texas “a year or so” before the killing of the deceased. He objected to the question, but the court overruled his objection, and, saving…

2Cases cited4 opinions

  1. Pennsylvania Co. v. RoySupreme Court of the United States · 1880
  2. State v. SmithSupreme Court of Connecticut · 1881
  3. Carr v. StateSupreme Court of Arkansas · 1884
  4. Anderson v. StateSupreme Court of Arkansas · 1879

3Cited by14 opinions

  1. Fuller v. StateSupreme Court of Alabama · 1959
  2. People v. KasemMichigan Supreme Court · 1925
  3. Orr v. StateAlabama Court of Appeals · 1958
  4. Suslak v. United StatesCourt of Appeals for the Ninth Circuit · 1914
  5. Miller v. MillerSupreme Court of Pennsylvania · 1898

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