McFalls v. State
Supreme Court of Arkansas
Appeal from Sevier circuit court. Will P. Feazel, Judge. Unless a conspiracy be proved by evidence aliunde, it is not competent to introduce evidence of an alleged co-conspirator’s acts. 3 Greenl. Ev. § 94; Wbart. Ev. § 1206; Gillett, Ind. and Col. Ev. § 28; 32 Ark.- 220; 37 Ark. 67; 45 Ark. 132. Tbe court should have excluded this evidence, on the state’s failure to prove a prima facie conspiracy. Clark’s Cr. Prae. 522; 2 McLain, Cr.
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Appeal from Sevier circuit court. Will P. Feazel, Judge. Unless a conspiracy be proved by evidence aliunde, it is not competent to introduce evidence of an alleged co-conspirator’s acts. 3 Greenl. Ev. § 94; Wbart. Ev. § 1206; Gillett, Ind. and Col. Ev. § 28; 32 Ark.- 220; 37 Ark. 67; 45 Ark. 132. Tbe court should have excluded this evidence, on the state’s failure to prove a prima facie conspiracy. Clark’s Cr. Prae. 522; 2 McLain, Cr. Law, §§ 988-990. Nor could evidence of the acts and declarations of an alleged accomplice, after the commission of the crime, be received in evidence. 1 Greenl.…
1Opinion of the CourtBattle, J.
Henry Williámson and Will McFalls were jointly indicted for murder in the first degree, committed by feloniously, wilfully, maliciously, deliberately, and premeditatedly killing one Joe Wright. Upon arraignment they pleaded not guilty, and severed in their trials. Will McFalls was tried, and convicted of murder in the first degree. He has appealed to this court, and assigns many reasons why his conviction should be set aside. He says, among other things, that he is entitled to a new trial, because the prosecuting attorney, in his opening statement to the jury of what he expected to prove, was…
2Cases cited11 opinions
- McDonald v. PeopleIllinois Supreme Court · 1888
- Prentis v. BatesMichigan Supreme Court · 1892
- Scripps v. ReillyMichigan Supreme Court · 1877
- People v. FowlerMichigan Supreme Court · 1895
- Melton v. StateSupreme Court of Arkansas · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- Chambers v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- State v. BabbSupreme Court of Missouri · 1984
- Davis v. StateSupreme Court of Arkansas · 1910
- Jones v. StateSupreme Court of Arkansas · 1909
9 more not listed; retrieve them via the Exa API.