Johnson v. State
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. P. T. Vaughan Circuit Judge. Appellant was not furnished with a copy of the indictment 48 hours before trial, Const. 1874, Art. 2 Sec. 10; Gantt’s Digest, See. 1825, and he refused to waive this right.
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APPEAL from Pulaski Circuit Court. Hon. P. T. Vaughan Circuit Judge. Appellant was not furnished with a copy of the indictment 48 hours before trial, Const. 1874, Art. 2 Sec. 10; Gantt’s Digest, See. 1825, and he refused to waive this right. The evidence was not sufficient to sustain the verdict, reviews the decisions of this court on the subject of new trials, and contends that in criminal cases, especially where life is involved, that the verdict should be sustained by a preponderance of testimony, such as to admit of no reasonable doubt that the defendant was the guilty party. 7 Hum., 483;…
1Opinion of the CourtSmith, J.
Rush and Carrie Johnson were jointly indicted for the murder of John Wall. After the conclusion of the testimony for the State, a nolle prosequi was entered as to Carrie. Rush was found guilty of the highest degree of that crime and after the denial of motions for a new trial and in arrest of judgment, was condemned to suffer the extreme penalty of the law-
The motion for a new trial is not incorporated in the bill of exceptions, nor referred to as contained in some other part of the transcript. But the record notes the filing and overruling of such a motion; the motion itself is copied in the…
2Cases cited1 opinion
- Lisle v. StateSupreme Court of Missouri · 1840
3Cited by7 opinions
- Clark v. StateSupreme Court of Arkansas · 1925
- Hamilton v. StateSupreme Court of Arkansas · 1896
- Powell v. StateSupreme Court of Arkansas · 1905
- Churchill v. HillSupreme Court of Arkansas · 1894
- Quertermous v. StateSupreme Court of Arkansas · 1914
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