Legal Opinion · Dissent

Gaines v. State

Supreme Court of Arkansas

Decided March 12, 1945No. 4375Published

1DissentRobins, J.

In my opinion prejudicial error was committed by the lower court when the prosecuting attorney was permitted to bring out from appellant on cross-examination that about thirty years ago appellant shot another man. It seems to me that the effect of the majority opinion is to overrule our decision in the case of Stanley v. State, 171 Ark. 536, 285 S. W. 17, in which we reversed a conviction of homicide because the defendant was compelled to make answer as follows: “Q. Tell the jury how many men you shot before that. A. I have shot two men before this. ’ ’ The rule followed by us in the Stanley…

2Cases cited1 opinion

  1. Stanley v. StateSupreme Court of Arkansas · 1926

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