Kelley v. State
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Dene E. Coleman, Judge; 1. Any errors, however «light or harmless perhaps, under different circumstances, were prejudicial in this case. 80 Ark. 454; 89 Id. 556; 91 Id. 555; 105 Id. 205. Incompetent testimony was admitted. Elsie Beacham testified that she pointed out Mims to Sanderson as the person who handed Kelley the gun.
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Appeal from Jackson Circuit Court; Dene E. Coleman, Judge; 1. Any errors, however «light or harmless perhaps, under different circumstances, were prejudicial in this case. 80 Ark. 454; 89 Id. 556; 91 Id. 555; 105 Id. 205. Incompetent testimony was admitted. Elsie Beacham testified that she pointed out Mims to Sanderson as the person who handed Kelley the gun. This was a subsequent event and no pari of the res gestae. 66 Ark. 264; 69. Id. 558; 73 Id. 152; 78 Id. 381; 82 Id. 58; 85 Id. 300; 88 Id. 451, 579; 100 Id. 269; 105 Id. 247; 123 Id. 101. . 2. Dr. O. E. Jones’ testimony as to a bullet…
1Opinion of the CourtHumphreys, J.
Appellant, Chess Kelley, was indicted, tried and convicted of murder in the first degree, for killing H. A. Harmon, between 1 and 2 o’clock a. m., June 9, 1917, at Elsie Beacham’s home in the red light district in Newport, Arkansas. Prom the judgment and sentence of death an appeal has been lodged in this court.
The substance of the State’s evidence leading up to and immediately ¡surrounding the killing was as follows: Appellant went in company with Zeph Mims and Mabel Sherman to the home of Elsie Beacham, with whom he was infatuated, between 1 and 2 o’clock a. m., on. June 9, 1917. The house…
2Cases cited4 opinions
- Cranford v. StateSupreme Court of Arkansas · 1917
- Gilchrist v. StateSupreme Court of Arkansas · 1911
- Younger v. StateSupreme Court of Arkansas · 1911
- Avant v. StateMississippi Supreme Court · 1906
3Cited by19 opinions
- William L. Maxwell v. Dan D. Stephens, Superintendent of Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1965
- Lonnie Mitchell v. Dan D. Stephens, Superintendent of Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1965
- Luther Bailey v. Lee Henslee, Superintendent of the Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1961
- William L. Maxwell v. O. E. Bishop, Superintendent, Arkansas State PenitentiaryCourt of Appeals for the Eighth Circuit · 1968
- Bullen v. StateSupreme Court of Arkansas · 1922
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