Keirsey v. State
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Danville District; A. B. Priddy, Judge; 1. It was error to refuse a continuance. 103 Ark. 352; 102 Id. 513; 100 Id. 132, 301; 99 Id. 395; lb. 547; 71 Id. 180. 2. It was error to permit witnesses to testify as to the remarks made by deceased as to defendants’ fam-. ily, which were communicated to defendant. This evidence was competent to show passion and provocation. 5 S. W. 231; 10 Id. 387; 10 Am.
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Appeal from Yell Circuit Court, Danville District; A. B. Priddy, Judge; 1. It was error to refuse a continuance. 103 Ark. 352; 102 Id. 513; 100 Id. 132, 301; 99 Id. 395; lb. 547; 71 Id. 180. 2. It was error to permit witnesses to testify as to the remarks made by deceased as to defendants’ fam-. ily, which were communicated to defendant. This evidence was competent to show passion and provocation. 5 S. W. 231; 10 Id. 387; 10 Am. St. 289; 12 S. W. 870; 75 Id. 790; 51 Id. 912; 63 Id. 643; 28 Tex. App. 216. 3. The argument of the prosecuting attorney was improper and prejudicial. 74 Ark. 256;…
1Opinion of the CourtMcCULLOCH, C. J.
Appellant was indicted for the crime of murder, and on the trial of the case he was convicted of murder in the second degree and his punishment was assessed at confinement in the penitentiary for a term of five years. The killing was admitted, but appellant attempted to justify it by showing that he acted in necessary self-defense. The killing occurred out in a field where deceased was at work and there were no eyewitness except the parties to the killing and appellant’s son, who is. a mere lad. Appellant testified that lie fired the shot at Poplin just as the latter was in the act of…
2Cases cited3 opinions
- Vance v. StateSupreme Court of Arkansas · 1902
- Clardy v. StateSupreme Court of Arkansas · 1910
- Petty v. StateSupreme Court of Arkansas · 1905
3Cited by4 opinions
- Roach v. ScottSupreme Court of Arkansas · 1923
- Tatum v. StateSupreme Court of Arkansas · 1926
- Lindsey v. StateSupreme Court of Arkansas · 1921
- Roberts v. StateSupreme Court of Arkansas · 1928