Bivens v. State
Supreme Court of Arkansas
Appeal from the Circuit Court of Madison County. The prisoner, James L. Bivens, was indicted at the May term, 1846, of the circuit court of Madison county for the murder of "William Stamps. The jury empanneled to try him “ were duly sworn according to law to try the issue joined herein.”
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Appeal from the Circuit Court of Madison County. The prisoner, James L. Bivens, was indicted at the May term, 1846, of the circuit court of Madison county for the murder of "William Stamps. The jury empanneled to try him “ were duly sworn according to law to try the issue joined herein.” Verdict, murder in the first degree ; motion for a new trial, which was overruled; exceptions setting out the testimony, and appeal to this court, the circuit court making an order for suspension of the execution until the adjudication in this court. The circumstances attending the killing are sufficiently…
1Opinion of the CourtJustice Scott
The appellant was indicted for murder, and upon plea of not guilty and trial by jury, he was found guilty of murder in the first degree ; and after the overruling of a motion for a new trial and exceptions, he was sentenced to death, no motion in arrest of judgment having been made.
The case having been brought here by appeal, is presented in the same aspect as if it had come up on error; and by the operation of a humane principle applicable, in general, to criminal cases, and especially to those where life is involved, the convicted is to be considered as standing upon all his legal rights,…
2Cases cited2 opinions
- Commonwealth v. JonesGeneral Court of Virginia · 1829
- Waller v. StateSupreme Court of Arkansas · 1842