Legal Opinion

Evers v. State

Supreme Court of Arkansas

Decided September 30, 1929Published

1Opinion of the CourtSmith, J.

This appeal is from tbe judgment of the Arkansas Circuit Court, Southern District, sentencing appellant to death upon the charge of having murdered Terry Miller.

It is very earnestly insisted that the grand jury which returned the indictment was not legally constituted at the time the indictment was returned, and that it was void for this reason. It is also argued that the testimony is not legally sufficient to show that deliberation and premeditation which the law requires to raise an unlawful killing to the grade of murder in the first degree.

It appears that the regular session of the court…

2Cases cited3 opinions

  1. Commonwealth v. BannonMassachusetts Supreme Judicial Court · 1867
  2. McVay v. StateSupreme Court of Arkansas · 1912
  3. Davies v. StateSupreme Court of Arkansas · 1882

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