Overton v. State
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. Grant Green, Jr., Judge. statement by the court. The appellant was indicted for, and convicted of, an assault with intent to kill one J. H. Fryer. A part of the evidence adduced at the trial was the testimony of J. M. Findley and G. W. Kizer. Findley testified, substantially, as follows: “I was with the defendant and Kizer, at the latter’s house, the evening after the killing.
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Appeal from Monroe Circuit Court. Grant Green, Jr., Judge. statement by the court. The appellant was indicted for, and convicted of, an assault with intent to kill one J. H. Fryer. A part of the evidence adduced at the trial was the testimony of J. M. Findley and G. W. Kizer. Findley testified, substantially, as follows: “I was with the defendant and Kizer, at the latter’s house, the evening after the killing. I took a drink or two, and defendant and Ki^er were drunk, but not so drunk as not to know what they were talking about. They were drunk enough to be in good talking humor. Defendant…
1Opinion of the Court
BaTTEE, J.,
after stating the facts as above reported.
1. surprise as ground for new trial.
Appellant is not entitled to a new trial on the ground . of surprise. He made no ‘‘application for a postponement of the trial in order that he ’ ’ might ‘ ‘ repair the damage done him by the unexpected testimony.” Nickens v. State, 55 Ark. 567; see also Norwich & Worcester R. Co. v. Cahill, 18 Conn. 484; Holley's Admx. v. Christopher, 3 T. B. Mon. 14; Phenix v. Baldwin, 14 Wend. 62; Estate of Carterey, 56 Cal. 473; Cook v. De La Guerra, 24 Cal. 240; Brooks v. Douglass, 32 Cal. 211; 3 Graham & Waterman on…
2Cases cited6 opinions
- Brooks v. DouglassCalifornia Supreme Court · 1867
- Estate of CarteryCalifornia Supreme Court · 1880
- Norwich & Worcester Railroad v. CahillSupreme Court of Connecticut · 1847
- Phenix v. BaldwinNew York Supreme Court · 1835
- Cook v. De la GuerraCalifornia Supreme Court · 1864
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3Cited by4 opinions
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- Mutual Life Insurance v. ParrishSupreme Court of Arkansas · 1899
- Johnson v. StateSupreme Court of Arkansas · 1976
- Fleming v. StateSupreme Court of Arkansas · 1904