Bryant v. State
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; Defendant was entitled to a change of venue. 85 Ark. 518; 83 Ark. 36; 71 Ark. 180; 54 Ark. 247. A party producing a witness cannot impeach him if foe is not an indispensable witness.
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Appeal from White Circuit Court; Hance N. Hutton, Judge; Defendant was entitled to a change of venue. 85 Ark. 518; 83 Ark. 36; 71 Ark. 180; 54 Ark. 247. A party producing a witness cannot impeach him if foe is not an indispensable witness. Kirby’s Dig., § 3137. Malice aforethought means the dictate of a wicked, depraved and malignant heart. 49 N. H. 399. Unless the character of deceased is attacked, the prosecution can not prove his peaceableness. 37 Ala. 103; 96 Ky. 212; 28 S. W. 500; 1 Wfoart. Crim. Law., 549. The character of deceased is not in issue in murder. 51 N. C. 381; 67 Cal. 223; 7…
1Opinion of the CourtBattle, J.
The grand jury of White County indicted Will Bryant for murder in the first degree. He was convicted of murder in' the second degree, and his punishment was assessed at seven years in the penitentiary; and he appealed.
He moved for a change of venue on the ground that the minds of the inhabitants of White County were so prejudiced against him that he could not get a fair and impartial trial in that county. His motion was corroborated by the affidavits of four witnesses. To test their credibility they were examined under oat'h. The testimony of three of them showed that their information as to…
2Cases cited5 opinions
- Jackson v. StateSupreme Court of Arkansas · 1891
- Maxey v. StateSupreme Court of Arkansas · 1905
- Price v. StateSupreme Court of Arkansas · 1903
- White v. StateSupreme Court of Arkansas · 1907
- Duckworth v. StateSupreme Court of Arkansas · 1906
3Cited by14 opinions
- Speer v. StateSupreme Court of Arkansas · 1917
- Mode v. StateSupreme Court of Arkansas · 1961
- Bailey v. StateSupreme Court of Arkansas · 1942
- McElroy v. StateSupreme Court of Arkansas · 1911
- Mullen v. StateSupreme Court of Arkansas · 1937
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