Tiner v. State
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. This is the second appeal of this case. Appellant was convicted on the first trial of murder in the second degree and the case was reversed for errors committed.
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Appeal from Randolph Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. This is the second appeal of this case. Appellant was convicted on the first trial of murder in the second degree and the case was reversed for errors committed. Timer v. State, 110 Ark. 251. He was jointly indicted with his father Tom Tiner for the murder of John R. Davis, who was killed on the 24th day of September, 1912, while riding along the road by Tom Tiner’s wine cellar, near Swartz postoffi.ee, by two shots fired from the window of the cellar, one from a shotgun, and the other from a rifle, both taking…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) It is insisted first, for reversal, that the court erred in permitting T. W. Campbell, an attorney employed to assist in the prosecution, to make the opening statement to the jury, the prosecuting attorney being present. Section 2374, Kirby’is Digest, provides that, ¡after the jury is sworn, ‘ ‘ The prosecuting attorney may then read to the jury the indictment and state the defendant’s plea thereto and the punishment prescribed by law for the offense, and may make a brief statement of the evidence upon which the State relies.” Section 2388 prescribes…
2Cases cited4 opinions
- Palmore v. StateSupreme Court of Arkansas · 1874
- Coon v. StateSupreme Court of Arkansas · 1913
- Carter v. StateSupreme Court of Arkansas · 1913
- Smith v. StateSupreme Court of Arkansas · 1913
3Cited by1 opinion
- Dunham v. StateSupreme Court of Arkansas · 1944