Bolling v. State
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hugh F. Thomason, Judge. 1. It was error to refuse defendant the right to open and close. There was only one issue for the jury, the insanity of defendant. The burden was on him to establish it, and hence he was entitled to open and close. 2. Defendant was not present when certain substantive steps were taken. Mansf. Dig., secs. 2098, 2213 ; Max. Cr.
Read the full summary
APPEAL from Logan Circuit Court. Hugh F. Thomason, Judge. 1. It was error to refuse defendant the right to open and close. There was only one issue for the jury, the insanity of defendant. The burden was on him to establish it, and hence he was entitled to open and close. 2. Defendant was not present when certain substantive steps were taken. Mansf. Dig., secs. 2098, 2213 ; Max. Cr. Pr., 561 ; 24 Ark., 627; ib., 629; 44 id., 331 ; 45 id., 165 ; 50 id., 492. 3. The court erred in admitting the irrelevant testimony of Hedges and others. Whart. Cr. Ev., sec. 29; ib., 23 et seq.; 92 U. S., 284.…
1Opinion of the CourtHemingway, J.
The appellant, John D. Bolling, was in-dieted, tried and convicted for murder in the first degree, in the killing of Capt. W. J. Parks, and prosecutes this appeal from a judgment sentencing him to death. Upon his arraignment he filed a written plea, in which he admitted ••the killing, but denied that he was guilty, because, as he alleged, he was insane and thereby incapable of acting with malice, premeditation or deliberation.
The killing was done on the afternoon of the 3d of November, 1888, on a platform in front of the defendant’s storehouse, upon a public street in the village of…
2Cases cited2 opinions
- State v. FelterSupreme Court of Iowa · 1871
- Commonwealth v. PomeroyMassachusetts Supreme Judicial Court · 1875
3Cited by27 opinions
- Bell v. StateSupreme Court of Arkansas · 1915
- State v. MarrenIdaho Supreme Court · 1910
- Metropolitan Life Insurance Company v. ShaneSupreme Court of Arkansas · 1911
- Rector v. RobinsSupreme Court of Arkansas · 1905
- Mobley v. StateSupreme Court of Florida · 1899
22 more not listed; retrieve them via the Exa API.