Carroll v. State
Supreme Court of Arkansas
APPEAL from White Circuit Court. Hon. M. T. Sanders, Circuit judge. 1. The cdurt erred in admitting incompetent, yet relevant and material, testimony, and could not cure the error by attempting to exclude it. 44 Ark., 334; 38 Id., 237; 66 III., 2ig; 7g Id., 402; 123 Mass., 222, 232, 236; 23 Am. Rep., 84-3; 6 Hill, 318. 2. The testimony of Johnnie Rison, as to appellant’s striking his wife on a former occasion and at a different time, was inadmissible.
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APPEAL from White Circuit Court. Hon. M. T. Sanders, Circuit judge. 1. The cdurt erred in admitting incompetent, yet relevant and material, testimony, and could not cure the error by attempting to exclude it. 44 Ark., 334; 38 Id., 237; 66 III., 2ig; 7g Id., 402; 123 Mass., 222, 232, 236; 23 Am. Rep., 84-3; 6 Hill, 318. 2. The testimony of Johnnie Rison, as to appellant’s striking his wife on a former occasion and at a different time, was inadmissible. That was a separate and distinct offense. 6 Hill, 318; Whart. on Cr. Ev., Secs. 61-64; 38 Ark., 226; 43 Id.’ 104; 38 Id., 237. 3. A party has a…
1Opinion of the CourtBattle, J.
George Carroll was indicted in the White circuit court for killing Lizzie Carroll. The offense charged in the indictment is murder in the first degree. He was tried for and convicted of this offense. He filed a motion for new trial, and a motion in arrest of judgment, which were overruled and he appealed.
■ The facts stated in the indictment are sufficient to constitute murder in the first degree.
One ground of the motion for a new trial is, the admission of the testimony of witnesses as to rumors. These rumors were that Carroll and Viney Tidwell were criminally intimate. After the admission of…
2Cases cited8 opinions
- Dave v. StateSupreme Court of Alabama · 1853
- People v. RodundoCalifornia Supreme Court · 1872
- People v. Ah WeeCalifornia Supreme Court · 1874
- Mercer v. StateSupreme Court of Georgia · 1855
- State v. BogainSupreme Court of Louisiana · 1857
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3Cited by15 opinions
- Levering v. CommonwealthCourt of Appeals of Kentucky · 1909
- Tyler v. StateSupreme Court of Arkansas · 1979
- Butt v. StateSupreme Court of Arkansas · 1906
- Davis v. StateSupreme Court of Arkansas · 1910
- Schleeter v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
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