Burks v. State
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; Alexander M. Dufñe, Judge; The court erred in permitting the State, in rebuttal, to introduce testimony to prove that the prosecuting witness had made, shortly after the assault, a statement consistent with his testimony on the witness stand, to the effect that he recognized appellant as one of his assailants. 63 Ark. 470; 62 Ark. 494; 66 Ark. 110; 72 Ark. 412; 16 Ark. 628; 56 Ark. 345; 42 L. R. A. 432; 49 C. J. L. 440; 51 S. W. 930; 70…
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Appeal from Hot Spring Circuit Court; Alexander M. Dufñe, Judge; The court erred in permitting the State, in rebuttal, to introduce testimony to prove that the prosecuting witness had made, shortly after the assault, a statement consistent with his testimony on the witness stand, to the effect that he recognized appellant as one of his assailants. 63 Ark. 470; 62 Ark. 494; 66 Ark. 110; 72 Ark. 412; 16 Ark. 628; 56 Ark. 345; 42 L. R. A. 432; 49 C. J. L. 440; 51 S. W. 930; 70 S. W. 215; 85 S. W. 1179; 1 Ark. Law Rep. 290; Ib. 406; 30 Am. & Eng. Enc. Law (2 Ed.), 1140; 4 L. R. A. 296; 11 Ib. 75;…
1Opinion of the CourtMcCueeoch, J.
Appellant, A1 Burks, was convicted of the. crime of assault with intent to kill. The facts of the case are sufficiently stated in the opinion of this court on a former appeal. 72 Ark. 461. The prosecuting witness, W. W. Reiblin, who was the party upon whom the felonious assault is alleged to have been committed, testified that he identified appellant as one of his assailants, and appellant’s counsel, after laying the proper foundation by asking Reiblin if he had not on other occasions stated that he did not recognize the persons who assaulted him, to which questions he replied in the…
2Cases cited21 opinions
- Hinshaw v. StateIndiana Supreme Court · 1897
- People v. DoyellCalifornia Supreme Court · 1874
- State v. TaylorSupreme Court of Missouri · 1896
- Stewart v. PeopleMichigan Supreme Court · 1871
- Head v. StateMississippi Supreme Court · 1870
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Crawford v. NilanNew York Court of Appeals · 1943
- State v. FoutsSupreme Court of Kansas · 1950
- Sweazey v. Valley Transport, Inc.Washington Supreme Court · 1940
- Warren v. StateSupreme Court of Arkansas · 1912
- Rogers v. StateSupreme Court of Arkansas · 1908
9 more not listed; retrieve them via the Exa API.