McElroy v. State
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. H. Evans, Judge; 1. While the human voice is recognized as a means of identification, and is not regarded as opinion evidence, yet it is so recognized and regarded only when the recognition is immediate at the time of utterance. The voice itself must be recognized by the hearer.
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Appeal from Grant Circuit Court; W. H. Evans, Judge; 1. While the human voice is recognized as a means of identification, and is not regarded as opinion evidence, yet it is so recognized and regarded only when the recognition is immediate at the time of utterance. The voice itself must be recognized by the hearer. But where other extrinsic evidence becomes a factor in the conclusion as to the identity of the voice, it is then a mere conclusion of the witness, and as such inadmissible as opinion evidence. 96 S. W. 35; 1 Elliott on Ev. 790; 85 Ark. 64; Id. 300; Mrs. Spears’s testimony as to the…
1Opinion of the CourtFrauenthal, J.
The defendant, Joe McEIroy, was indicted for the crime of murder in the first degree, charged with killing Henry Spears, in Grant County, on January 28, 1911. He was convicted of murder in the second degree, and sentenced to imprisonment in the State penitentiary for a term of 21 years. From this judgment of conviction he has appealed to this court, and assigns a number of grounds why it should be reversed. The most important of these are that the court erred in refusing (1) to grant him a change of venue, (2) to grant him a continuance, and (3) in its rulings relative to the introduction of…
2Cases cited6 opinions
- Casat v. StateSupreme Court of Arkansas · 1883
- Price v. StateSupreme Court of Arkansas · 1903
- Bryant v. StateSupreme Court of Arkansas · 1910
- Phillips v. StateSupreme Court of Arkansas · 1896
- Jones v. StateSupreme Court of Arkansas · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Speer v. StateSupreme Court of Arkansas · 1917
- Marrone v. StateAlaska Supreme Court · 1961
- State v. ScottSupreme Court of Kansas · 1924
- Bailey v. StateSupreme Court of Arkansas · 1942
- Smith v. StateSupreme Court of Arkansas · 1949
13 more not listed; retrieve them via the Exa API.