Legal Opinion

Bailey v. State

Supreme Court of Arkansas

Decided April 11, 1949No. 4553PublishedCited by 13 opinions

1Opinion of the Court

Griffin Smith, Chief Justice.

The verdict was: “We, the jury, find . . . John Bailey guilty of rape . . . and assess his punishment at life imprisonment in the penitentiary.”

From a judgment responsive to the verdict the defendant’s appeal seeks reversal on four grounds: (1) The jury was misled by the Court’s reply to questions propounded regarding the right to recommend clemency. (2) A failure to instruct • on lower degrees of crime, the only affirmative evidence showing rape, was prejudicial. (3) A preliminary hearing'was denied, hence the information should have been quashed. (4) Systematic…

2Cases cited9 opinions

  1. Ballard v. United StatesSupreme Court of the United States · 1946
  2. Fay v. New YorkSupreme Court of the United States · 1947
  3. Brickhouse v. HillSupreme Court of Arkansas · 1925
  4. State v. TaylorSupreme Court of Missouri · 1947
  5. Whittaker v. StateSupreme Court of Arkansas · 1926

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. J. E. B. v. Alabama ex rel. T. B.Supreme Court of the United States · 1994
  2. JEB v. Alabama Ex Rel. TBSupreme Court of the United States · 1994
  3. McCoy v. StateSupreme Court of Arkansas · 2002
  4. State v. NeffSupreme Court of Kansas · 1950
  5. Black v. StateSupreme Court of Arkansas · 1949

8 more not listed; retrieve them via the Exa API.

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