Walker v. State
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. E. T. Vaughan, Circuit Judge. 1. There was‘error in permitting the dying declaration of the deceased to go to the jury on the second trial. It was a mere expression of opinion, and should have been excluded. (Greenleaf.', sec. 159; Whart. Cr. Law, vol. 1, see. 678.) It may be contended that, being good on its face, it was admissible.
Read the full summary
APPEAL from Pulaski Circuit Court. Hon. E. T. Vaughan, Circuit Judge. 1. There was‘error in permitting the dying declaration of the deceased to go to the jury on the second trial. It was a mere expression of opinion, and should have been excluded. (Greenleaf.', sec. 159; Whart. Cr. Law, vol. 1, see. 678.) It may be contended that, being good on its face, it was admissible. It is not necessary that it bear on its face the blemish of inadmissibility; it is sufficient if it appear when taken in connection with the circumstances. The judge must decide this question, not the jury. (Greenleaf.,…
1Opinion of the CourtEnglish, C. J.
Nick "Walker, the appellant, was indicted for murder, in the Circuit Court of Pulaski County, at the September term, 1882. There were two counts in the indictment, the first charging, in substance, that he murdered Tom Jenkins on the twenty-eighth of August, 1882, by shooting him with a gun ; the second charging that he murdered him by shooting him with a pistol. Both counts contained apt words to make an accusation of murder in the first degree, under the statute.
The defendant was tried on plea of not guilty; the jury found him guilty of murder in the first degree; a motion for a new trial…
2Cases cited3 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- McLean v. StateSupreme Court of Alabama · 1849
- Binns v. StateIndiana Supreme Court · 1874
3Cited by7 opinions
- Rhea v. StateSupreme Court of Arkansas · 1912
- People v. SinghCalifornia Supreme Court · 1920
- Shenkenberger v. StateIndiana Supreme Court · 1900
- Douglass v. StateSupreme Court of Arkansas · 1909
- Halley v. StateSupreme Court of Arkansas · 1913
2 more not listed; retrieve them via the Exa API.