Legal Opinion

Lee v. State

Supreme Court of Arkansas

Decided February 24, 1906PublishedCited by 2 opinions

Appeal from Polk Circuit Court; S. A. Dozvns, Special Judge; It was efror to exclude testimony to prove'that defendant had gone to Wilton to obtain evidence to put deceased under a peace bond.

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Appeal from Polk Circuit Court; S. A. Dozvns, Special Judge; It was efror to exclude testimony to prove'that defendant had gone to Wilton to obtain evidence to put deceased under a peace bond. It was competent as tending to prove defendant’s motive. 49 Iowa, 328. Past threats, hostile acts and circumstances tending to show malice on the part of deceased toward the defendant are admissible for the purpose of showing apprehensions of personal danger from the deceased. 17 Ga. 465; 11 Tex. App. 289; 11 Ind. 23; 56 Cal. 251; 20 So. 232; 68 Ala. 156; 71 Ala. 351. Threats are admissible for the…

1Opinion of the CourtMcCulloch, J.

A judgment of conviction against appellant in a former trial was reversed by this court (Lee v. State, 72 Ark. 436), and upon another trial he was again convicted of the crime of manslaughter and sentenced to a term of three years in the penitentiary. He again appeals to this court.

The facts, briefly stated, are about as follows: H. McGough, the person killed, was a constable residing at Wilton, Little River County, where the killing occurred. Appellant lived at Richmond, in Little River County. Ill feeling is shown to have existed between the parties, growing out of certain accusations…

2Cases cited3 opinions

  1. Lee v. StateSupreme Court of Arkansas · 1904
  2. Atterberry v. StateSupreme Court of Arkansas · 1892
  3. Johnson v. StateSupreme Court of Arkansas · 1900

3Cited by2 opinions

  1. Kansas City & Memphis Railway Co. v. New York Central & Hudson River RailroadSupreme Court of Arkansas · 1914
  2. Davis v. StateSupreme Court of Arkansas · 1919

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