Rogers v. State
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; Prank Smith, Judge; The testimony of Arrington was incompetent, hearsay, contradictory of defendant, and hence prejudicial.
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Appeal from Craighead Circuit Court, Jonesboro District; Prank Smith, Judge; The testimony of Arrington was incompetent, hearsay, contradictory of defendant, and hence prejudicial. It was no part of the res gestae. 67 Ark. 594, 604; 56 Id. 326. The statement detailed by Arrington were clearly part of the res gestae. 66 Ark. 494. A reversal is never ordered for the erroneous admission of incompetent testimony which is but cumulative and corroborative of competent testimony properly admitted. 77 Ark. 74; 76 Id. 276; 74 Id. 417; 68 Id. 607; 58 Id. 125; lb. 446; 56 Id. 37; 32 Id. 337; 22 Id. 79;…
1Opinion of the CourtHire, C. J.
Ben Rogers was indicted by the grand jury of Craighead County for robbery, was convicted, and has appealed. Fielder testified that on the night of May 31, 1908, in the city of Jonesboro, he left a restaurant, and was accompanied by one Tomlinson, and the defendant Rogers followed them. That Tomlinson offered him -a drink of whisky, which he refused, and the defendant -stepped up and said he would take a drink, and Tomlinson handed him the -bottle, and he took a drink and dropped behind them, with the bottle. Fie and Tomlinson walked under the -shadow of some trees, and some one hit him from…
2Cases cited6 opinions
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
- Williams v. StateSupreme Court of Arkansas · 1899
- Beal-Doyle Dry Goods Co. v. CarrSupreme Court of Arkansas · 1908
- Burks v. StateSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. EllisonNew Mexico Supreme Court · 1914
- State v. FoutsSupreme Court of Kansas · 1950
- State v. FlemingSupreme Court of Missouri · 1945
- State v. BaldwinSupreme Court of Missouri · 1927
- Skipper v. CommonwealthSupreme Court of Virginia · 1954
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