Legal Opinion

Tillman v. State

Supreme Court of Arkansas

Decided December 13, 1915PublishedCited by 7 opinions

Appeal from Desha Circuit ¡Court; James G. Knox, Special Judge; 1. The motion to quash the indictment should have ¡been granted, because the jury commissioners excluded negroes from service on the grand jury. 177 U. S. 442; 69 Ark. 346; lb. 194; 100 U. S. 339; 140 Id. 278; 100 Id. 313. 2. The petition for removal should have been granted. 69 Ark. 193; 103 TJ.

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Appeal from Desha Circuit ¡Court; James G. Knox, Special Judge; 1. The motion to quash the indictment should have ¡been granted, because the jury commissioners excluded negroes from service on the grand jury. 177 U. S. 442; 69 Ark. 346; lb. 194; 100 U. S. 339; 140 Id. 278; 100 Id. 313. 2. The petition for removal should have been granted. 69 Ark. 193; 103 TJ. S. 370; 162 Id. 596-601. 3. The change of venue should have been granted. 91 Ark. 411; 98 Id. 139. 4. _ The impeachment of the witness, Williams, should have been permitted as attempted by defendant. Kirby’s Digest, § § 3138, 2208. Under…

1Opinion of the CourtMcCulloch, C. J.

Appellant was indicted by the grand jury of Desha County for unlawful sale of intoxicating. liquor, and on the trial of the case he was convicted. Before the trial he presented a motion to quash the indictment on the ground that he is “a colored man of the African race and is a citizen of the United States and a citizen of the State of Arkansas,” and that the jury commissioners in selecting the grand jury for that term of the court had excluded negroes from service on the grand jury. It is further stated in the motion that “in the deliberations of the accusing body in this court the same…

2Cases cited3 opinions

  1. Gibson v. MississippiSupreme Court of the United States · 1896
  2. Carter v. TexasSupreme Court of the United States · 1900
  3. Castleberry v. StateSupreme Court of Arkansas · 1901

3Cited by7 opinions

  1. Hicks v. StateSupreme Court of Arkansas · 1920
  2. Ware v. StateSupreme Court of Arkansas · 1920
  3. Hodges v. StateCourt of Appeals of Arkansas · 1989
  4. Davis v. StateSupreme Court of Arkansas · 1926
  5. Bowen v. StateSupreme Court of Arkansas · 1943

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