Legal Opinion

Turner v. State

Supreme Court of Arkansas

Decided April 23, 1917PublishedCited by 14 opinions

Appeal from Calhoun Circuit Court; C. W. Smith, Judge; 1. The court erred in permitting the State to prove. that defendant had killed another man. 88 Ark. 579; 84 Id. 119; 72 Id. 586; 75 Id. 427; 100 Id. 321; 58 Id. 473; Kirby’s Big., § 3128, as amended by Acts 1905,'52; 91 Ark. 555; 87 Id. 17; 39 Id. 278; 73 Id. 262; 38 Id. 221; 168 N. Y. 264. 2. The court erred in admitting evidence as to a conspiracy. 101 Ark. 147; 87 Id. 39; 59 Id. 422; 45 Id. 132; 77 Id. 444; 12 Cyc.…

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Appeal from Calhoun Circuit Court; C. W. Smith, Judge; 1. The court erred in permitting the State to prove. that defendant had killed another man. 88 Ark. 579; 84 Id. 119; 72 Id. 586; 75 Id. 427; 100 Id. 321; 58 Id. 473; Kirby’s Big., § 3128, as amended by Acts 1905,'52; 91 Ark. 555; 87 Id. 17; 39 Id. 278; 73 Id. 262; 38 Id. 221; 168 N. Y. 264. 2. The court erred in admitting evidence as to a conspiracy. 101 Ark. 147; 87 Id. 39; 59 Id. 422; 45 Id. 132; 77 Id. 444; 12 Cyc. 442. 3. It was error to permit the witness Thomason to remain in the court room and assist the prosecuting attorney during…

1Opinion of the CourtMcCulloch, C. J.

The defendant, Collin Turner, was tried under an indictment charging the crime of murder in the first degree, and he was convicted of voluntary-manslaughter. The defendant was charged with killing one Joe Hunter in the town of Tinsman, on July 12,1915. The Trilling is not denied. Defendant admits it and attempts to justify it. He and his brother, Walter Turner, were separately indicted for the homicide and Walter Turner was convicted of manslaughter and the judgment of conviction was affirmed by this court. Turner v. State, 121 Ark. 40.

It appears that there was great excitement in Tins-man…

2Cases cited5 opinions

  1. Hollingsworth v. StateSupreme Court of Arkansas · 1890
  2. Cogburn v. StateSupreme Court of Arkansas · 1905
  3. Walker v. StateSupreme Court of Arkansas · 1911
  4. Wheatley v. StateSupreme Court of Arkansas · 1910
  5. Turner v. StateSupreme Court of Arkansas · 1915

3Cited by14 opinions

  1. State v. ChiarelloNew Jersey Superior Court Appellate Division · 1961
  2. Whittaker v. StateSupreme Court of Arkansas · 1926
  3. Brockwell v. StateSupreme Court of Arkansas · 1976
  4. Durham v. StateWyoming Supreme Court · 1922
  5. Sullivan v. StateSupreme Court of Arkansas · 1926

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