Foster v. State
Supreme Court of Arkansas
APPEAL from Baxter Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. The court erred in admitting testimony to show the confessions of John Morris, a co-defendant, against appellant, after the crime was committed. 1 Bisk. Cr. Pro., Secs. 1019, a, and 12‡8; 2 lb., Secs. 229-30. Even if a conspiracy had been shown, the confession made after the transaction was not admissible in a separate trial.
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APPEAL from Baxter Circuit Court. Hon. R. H. Powell, Circuit Judge. 1. The court erred in admitting testimony to show the confessions of John Morris, a co-defendant, against appellant, after the crime was committed. 1 Bisk. Cr. Pro., Secs. 1019, a, and 12‡8; 2 lb., Secs. 229-30. Even if a conspiracy had been shown, the confession made after the transaction was not admissible in a separate trial. Authorities supra; 32 Ark., 220; 37 Id., 67. 2. The evidence of appellant’s co-defendants in his behalf was competent. Acts 1883, p. 126; Collins v. People, sup.: Const. Illinois, May ip, 1881; The…
1Opinion of the CourtCockrill, C. J.
Foster, Morris and Fox, were jointly indicted for robbery. They elected to be tried separately, and Foster, being first put upon trial, offered his co-defendants as witnesses in his behalf. They were rejected by the court on the ground of incompetency. Foster was convicted, and assigns this ruling of the court as error.
1. Criminal Evidence:— Witness: Co-defendant not on trial.
At common law, the parties to the record, whether in civil or criminal cases, are excluded from testifying, by an inflexible rule of evidence. In civil actions, the disqualification has long been removed, and in the…
2Cases cited8 opinions
- People of the State of New York v. . DowlingNew York Court of Appeals · 1881
- Henderson v. StateSupreme Court of Alabama · 1881
- State v. DeeSupreme Court of Minnesota · 1869
- State v. MartinSupreme Court of Missouri · 1881
- People v. ReagleNew York Supreme Court · 1871
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3Cited by14 opinions
- Washington v. TexasSupreme Court of the United States · 1967
- Douglass v. StateSupreme Court of Arkansas · 1909
- Benton v. StateSupreme Court of Arkansas · 1906
- Russell v. StateSupreme Court of Arkansas · 1910
- Wiley v. StateSupreme Court of Arkansas · 1909
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