Benton v. State
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. On June 10, 1905, the body of a man was found floating in the St. Francis river, and taken out at Madison. It was temporarily buried in the sand. It was identified as that of Walter Gray, a young man who had a store on the bank of the St. Francis River, about ten or twelve miles above Madison. The body bore unmistakable evidence of violence.
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Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. On June 10, 1905, the body of a man was found floating in the St. Francis river, and taken out at Madison. It was temporarily buried in the sand. It was identified as that of Walter Gray, a young man who had a store on the bank of the St. Francis River, about ten or twelve miles above Madison. The body bore unmistakable evidence of violence. There was “a terrible wound on the body, and the head was split open.” Around the neck was a barbed wire, to which was attached a piece of iron weighing about sixty pounds.…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Learned counsel for appellant urge:
1. That the court erred in admitting evidence of the declarations and acts of John Davis and Bob Martin, two of the alleged co-conspirators of the defendant, made and done after the killing and in the absence of the defendant.
The law is well settled that the acts and declarations of co-conspirators in the absence of the defendant after the consummation of the criminal enterprise can not be admitted in evidence. Polk v. State, 45 Ark. 165; Foster v. State, 45 Ark. 328; Bennett v. State, 62 Ark. 516; Willis v. State, 67 Ark.…
2Cases cited12 opinions
- Wilbur v. FloodMichigan Supreme Court · 1867
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Hollingsworth v. StateSupreme Court of Arkansas · 1890
- Bennett v. StateSupreme Court of Arkansas · 1896
- Polk v. StateSupreme Court of Arkansas · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Dupwe v. WallaceSupreme Court of Arkansas · 2004
- Hunt v. StateSupreme Court of Arkansas · 1914
- Bockman v. RorexSupreme Court of Arkansas · 1948
- Roberts v. StateSupreme Court of Arkansas · 1910
- Cook v. StateSupreme Court of Arkansas · 1906
14 more not listed; retrieve them via the Exa API.