Johnson v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; The statute providing for a drawn jury in felony cases is mandatory, and the denial of that right in this case was reversible error. Appellant was entitled to select from or exhaust the whole panel of 24 jurors selected by the jury commissioners.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; The statute providing for a drawn jury in felony cases is mandatory, and the denial of that right in this case was reversible error. Appellant was entitled to select from or exhaust the whole panel of 24 jurors selected by the jury commissioners. Kirby’s Dig. § § 4257, 4528; Id. § § 2347, 3448;; 12 Enc. of PI. & Pr. 525; 39 R. R. A. 488; 50 Ark. 492; 9 Pac. 955; 67 Ark. 365. Twelve of the regular panel being engaged in another case, the court exercised a proper discretion in directing the panel to be filled from bystanders. Moreover,…
1Opinion of the CourtMcCurroch, C. J.
Appellant, Mack Johnson, killed his wife, Queenie Johnson, on the streets of Fort Smith, June 10, 1910, by cutting her with a knife, and he was indicted for murder in the first degree, and on trial by a jury was convicted of that crime and sentenced to be hanged. He was unable to employ counsel, and the court appointed two attorneys, who conducted his defense.
There was no denial of the fact that he killed his wife. The deed was done in the presence of several witnesses. His wife had deserted him, and appellant had accused her of infidelity and repeatedly threatened to kill her. Fie approached…
2Cases cited7 opinions
- Adler v. StateSupreme Court of Arkansas · 1880
- Howard v. StateSupreme Court of Arkansas · 1893
- Bowman v. StateSupreme Court of Arkansas · 1909
- Ince v. StateSupreme Court of Arkansas · 1905
- Mabry v. StateSupreme Court of Arkansas · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lamb v. State of FloridaSupreme Court of Florida · 1926
- Larimore v. StateSupreme Court of Arkansas · 1997
- Trotter & Harris v. StateSupreme Court of Arkansas · 1964
- Hydrick v. StateSupreme Court of Arkansas · 1912
- United States v. WashingtonUnited States Court of Military Appeals · 1955
13 more not listed; retrieve them via the Exa API.