Legal Opinion

Maclin v. State

Supreme Court of Arkansas

Decided November 15, 1884PublishedCited by 21 opinions

APPEAL from Chicot Circuit Court. Hon. J. M. Bradley, Circuit Judge. Proof of good character as a man of peace, creates a reasonable doubt of guilt. The court erred in refusing tbe eleventh instruction for defendant. 38 Ark., Carlton on Homicide, 311; Burrell on Cir. Ev., 531. "When a witness for the State is recalled, defendant has the right to cross-examine on the whole case. Or.

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APPEAL from Chicot Circuit Court. Hon. J. M. Bradley, Circuit Judge. Proof of good character as a man of peace, creates a reasonable doubt of guilt. The court erred in refusing tbe eleventh instruction for defendant. 38 Ark., Carlton on Homicide, 311; Burrell on Cir. Ev., 531. "When a witness for the State is recalled, defendant has the right to cross-examine on the whole case. Or. JEo., see. 44¶- The testimony of Hughes should have been excluded, the survey not having been made as required by law. Gantt’s Digest, ¶. 287. The whole skeleton should have been introduced or accounted for. The…

1Opinion of the CourtSmith, J.

Maclin was convicted of murder in the first degree, upon an indictment which charged him with the willful, malicious, deliberate and premeditated killing of one Griffin.

In impannelling the petit jury, two persons who had been summoned on the regular panel, were excused by the court, and exceptions were reserved. They stated upon their voir dire, that they had heard a portion of the testimony on a previous application of the prisoner for hail, hut that such testimony had left no permanent impression on their minds. In explanation of their rejection as jurors, the circuit judge has incorporated…

2Cited by21 opinions

  1. State v. KentNorth Dakota Supreme Court · 1896
  2. Ware v. StateSupreme Court of Arkansas · 1909
  3. Turner v. StateSupreme Court of Arkansas · 1955
  4. Vaughan v. StateSupreme Court of Arkansas · 1892
  5. McFalls v. StateSupreme Court of Arkansas · 1898

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