Brack v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; The court erred in excluding the testimony showing that deceased had threatened the life of appellant, and also, when it was offered in asking the State’s attorneys why they did not object, and then asking appellant’s attorney: “Don’t you know such evidence n>' improper in this -case?” Appellant was further prejudiced before the jury when the trial judge asked appellant’s attorney: “Do you pretend to say that when…
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; The court erred in excluding the testimony showing that deceased had threatened the life of appellant, and also, when it was offered in asking the State’s attorneys why they did not object, and then asking appellant’s attorney: “Don’t you know such evidence n>' improper in this -case?” Appellant was further prejudiced before the jury when the trial judge asked appellant’s attorney: “Do you pretend to say that when deceased was running from defendant as fast as he could, when defendant shot him, that he was the aggressor?” 54 Ark. 489;…
1Opinion of the CourtBaTTRE, J.
J. B. Black was indicted for murder in the first degree, for killing Sam Coker. The jury found him guilty of murder in the second degree, and, failing to agree as to the punishment, the court assessed it at fifteen years in the penitentiary.
In the trial of the defendant, J. L. Countz testified in behalf of the State in part as follows: “Defendant, B. Ward, Sylvester Sanders, Dave and Zeke Cooper drove along in the road to where deceased and he were standing at side of fence. Witness said ‘How do you do?’ and Ward said: ‘Mr. Coker, I have heard I was going to be arrested, and want to know what…
2Cases cited2 opinions
- Lee v. StateSupreme Court of Arkansas · 1904
- Duncan v. StateSupreme Court of Arkansas · 1887
3Cited by2 opinions
- Wheatley v. StateSupreme Court of Arkansas · 1910
- Brooks v. StateSupreme Court of Arkansas · 1908