McDonald v. State
Supreme Court of Arkansas
Appeal from Scott Circuit Court; Daniel Hon, Judge;, 1. It was error to consolidate the causes. 1 Bish. New Cr. Pr. § 1043 ; 25 Mo. 174; 71 Id. 180. 2. Defendant was entitled to twenty peremptory challenges aside from those allowed John McDonald. Bish. Cr. Pro. vol. 1, § 1042; 5 S. & R. 59. 3. Evidence of threats was clearly admissible. 55 Ark. 598. 4. Evidence of former difficulty was clearly admissible.
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Appeal from Scott Circuit Court; Daniel Hon, Judge;, 1. It was error to consolidate the causes. 1 Bish. New Cr. Pr. § 1043 ; 25 Mo. 174; 71 Id. 180. 2. Defendant was entitled to twenty peremptory challenges aside from those allowed John McDonald. Bish. Cr. Pro. vol. 1, § 1042; 5 S. & R. 59. 3. Evidence of threats was clearly admissible. 55 Ark. 598. 4. Evidence of former difficulty was clearly admissible. The presumption of innocence follows throughout the trial. 1. The causes were properly consolidated. Besides, he consented. 93 Ark. 168; 1 Bish. New Crim. Pro. § 1018; Kirby’s Digest, §…
1Opinion of the CourtFrauenthal, J.
An indictment was returned against Dick McDonald for the crime of murder in the first degree, charging him with killing Bert Cantrell by shooting him with a pistol. His brother, John McDonald, was also charged with being a party principal in the commission of the same homicide, and a separate indictment was returned against him for murder in the first degree. Both the defendants, as well as the State, agreed that the charges brought separately against them should be consolidated and tried together. An order to that effect was made by the court, and they were thereupon tried jointly. The jury…
2Cases cited10 opinions
- United States v. MarchantSupreme Court of the United States · 1827
- Palmore v. StateSupreme Court of Arkansas · 1874
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Felker v. StateSupreme Court of Arkansas · 1891
- Duncan v. StateSupreme Court of Arkansas · 1887
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3Cited by8 opinions
- Thomas v. StateSupreme Court of Arkansas · 1979
- Garrett v. StateSupreme Court of Arkansas · 1926
- Setzer v. StateSupreme Court of Arkansas · 1913
- Halley v. StateSupreme Court of Arkansas · 1913
- Johnson v. StateSupreme Court of Arkansas · 1923
3 more not listed; retrieve them via the Exa API.