Polk v. State
Supreme Court of Arkansas
APPEAL from Pike Circuit Court. Hon. H. B. Stuart, Circuit Judge. 1. Confessions, to be admissible against the party making them, must be voluntary and not in response to threats, promises or intimidation.
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APPEAL from Pike Circuit Court. Hon. H. B. Stuart, Circuit Judge. 1. Confessions, to be admissible against the party making them, must be voluntary and not in response to threats, promises or intimidation. Appellant was not present, and had no opportunity to sanction, by his silence or otherwise, nor in any manner to deny.' Besides, these statements or declarations of Kuykendall took place at a period long subsequent to the facts he proposed to relate, and were merely narrative of past occurrences, mere hearsay. Greenl. Ev., iio-ii. 2. The court erred in accepting as jurors the parties who…
1Opinion of the CourtSmith, J.
The grand jury of Howard county preferred a joint indictment against the appellants and Monroe Kuykendall for the murder of Frank Ward. On their application the venue was changed to Pike. Kuykendall died before the trial came on. ,The other two defendants were separately tried and convicted, the one of murder in the first degree, and the other of murder in the second degree.
A reversal is now claimed because the record does not affirmatively show that they were present in court when their petition for a change of venue was granted.
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The supreme court of Missouri, in…
2Cases cited1 opinion
- People v. GehrCalifornia Supreme Court · 1857
3Cited by39 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Davidson v. StateSupreme Court of Arkansas · 1913
- Bell v. StateSupreme Court of Arkansas · 1988
- Hardin v. StateSupreme Court of Arkansas · 1898
- Maxwell v. StateSupreme Court of Arkansas · 1963
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