Dewein v. State
Supreme Court of Arkansas
Appeal from .Saline Circuit Court; W. E. Evans, Judge; 1. The record, we think, .conclusively show-s' the incompetency of the venireman, G. D. Smith, to sit as a juror, because of his having read in a newspaper what purported to he the original confession made by the defendant and had formed a fixed opinion as to his guilt. 45 Ark. 165, 170; 13 Ark. 720; 19 Ark. 156; 1 Bishop, Or. Proc. § 910; 8 Cal. 359; 40 Cal. 268; 56 Ark. 381, 402; 69 Ark. 322; 102 Ark. 180; 140 Am.
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Appeal from .Saline Circuit Court; W. E. Evans, Judge; 1. The record, we think, .conclusively show-s' the incompetency of the venireman, G. D. Smith, to sit as a juror, because of his having read in a newspaper what purported to he the original confession made by the defendant and had formed a fixed opinion as to his guilt. 45 Ark. 165, 170; 13 Ark. 720; 19 Ark. 156; 1 Bishop, Or. Proc. § 910; 8 Cal. 359; 40 Cal. 268; 56 Ark. 381, 402; 69 Ark. 322; 102 Ark. 180; 140 Am. St. Rep. 1086. 2. Appellant was entitled to a new trial, and the cause should he reversed because the juror Dodson testified…
1Opinion of the CourtHart, J.
Clarence Dewein was indicted, tried before a jury and convicted of murder in the first degree. From the judgment of conviction he has duly prosecuted an appeal to this court. The facts are substantially as follows:
L. H. Thompson, in November, 1913, resided in the south end of the town of Benton in Saline County, Arkansas, and was killed one evening something after 9 o ’clock. He owned and operated a store and also resided there and ran a hotel or rooming house in connection with Ms business. On the evening he was killed his wife left Mm counting Ms money and went to an adjoining room to go to…
2Cases cited15 opinions
- Allison v. StateSupreme Court of Arkansas · 1905
- State v. PotterSupreme Court of Connecticut · 1846
- State v. ChurchSupreme Court of Missouri · 1906
- Hardin v. StateSupreme Court of Arkansas · 1898
- Greenwood v. StateSupreme Court of Arkansas · 1913
10 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Giles v. StateSupreme Court of Arkansas · 1977
- Freeman v. StateSupreme Court of Arkansas · 1975
- Needham v. StateSupreme Court of Arkansas · 1949
- Moore v. StateSupreme Court of Arkansas · 1958
- Bullen v. StateSupreme Court of Arkansas · 1922
48 more not listed; retrieve them via the Exa API.