Long v. State
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Joee D. Conway, Judge. Appellant’s motion for certiorari should have been granted. 19 Ark. 178; 15 Ark. 395; 13 Ark. 720. A witness is protected from testifying as to any communication he may have made to his attorneys in confidence. 21 Ark. 387; 33 Ark. 771; 65 Ark. 389. The defendant’s silence is not subject of comment.
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Appeal from Hempstead Circuit Court. Joee D. Conway, Judge. Appellant’s motion for certiorari should have been granted. 19 Ark. 178; 15 Ark. 395; 13 Ark. 720. A witness is protected from testifying as to any communication he may have made to his attorneys in confidence. 21 Ark. 387; 33 Ark. 771; 65 Ark. 389. The defendant’s silence is not subject of comment. Sand. & H. Dig. § 2910. It was error to compel appellant to answer the question as to what he had heard concerning witness McDaniel. 1 Greenleaf, Ev. § § 99-101; 22 Ark. 477; Sand. & H. Dig. § 2958; 70 Ark. 272; 49 Ark. 156; 58 Ark. 277.…
1Opinion of the CourtBattee, J.
Levi Long was indicted by a grand jury of the Miller circuit court for murder in the first degree, committed by killing E. G. Garrett. The defendant filed a motion to quash the indictment and a demurrer, both of which were overruled. On his motion for change of venue the cause was transferred to the Hempstead circuit court. A transcript of the record and proceedings in the case was filed in that court, but the defendant suggested that it was defective because it did not contain copies of his motion and demurrer, and asked that a writ of certiorari be issued, directing the clerk1 of the Miller…
2Cases cited5 opinions
- Horbach v. StateTexas Supreme Court · 1875
- Hollingsworth v. StateSupreme Court of Arkansas · 1890
- Holder v. StateSupreme Court of Arkansas · 1894
- Harrison v. CommonwealthSupreme Court of Virginia · 1884
- Kansas City, Fort Scott & Memphis Railroad v. SokalSupreme Court of Arkansas · 1895
3Cited by4 opinions
- Spears v. StateSupreme Court of Arkansas · 1978
- Burton v. StateSupreme Court of Arkansas · 1907
- Long v. StateSupreme Court of Arkansas · 1905
- Davis v. StateSupreme Court of Arkansas · 1915