Legal Opinion

Humphrey v. State

Supreme Court of Arkansas

Decided March 25, 1905PublishedCited by 7 opinions

Appeal from Jefferson Circuit Court. The defendant should not have been compelled to accept or reject persons from a panel who the law says are not eligible.

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Appeal from Jefferson Circuit Court. The defendant should not have been compelled to accept or reject persons from a panel who the law says are not eligible. Kirby’s Dig. § § 4529, 4509. It was error to introduce the paper purporting to be the dying declaration of deceased. 70 Ark. 157; 2 Ark. 229; 39 Ark. 221. The questions propounded to witnesses, Adams and Wallace, were improper. 53 Ark. 394; 54’ Ark. 25. It was error for the court to intimate his opinion of testimony given by a witness. 71 Ark. 113. It was error to refer to defendant’s failure to testify. 58 Ark. 473; 65 Ark. 625; 123…

1Opinion of the CourtBattue, J.

Solomon Humphrey was convicted in the Jefferson Circuit Court of murder in the second degree. His punishment was assessed at twenty-one years in the penitentiary. He appealed to this court.

The September term, 1904, of the Jefferson Circuit Court, at which the defendant was convicted, commenced on the 19th of September, 1904. On that day the petit jury for that term was excused until October. 3 following, and on October 8, the court adjourned until October 24, and on the 9th day of November following this cause was called for trial, and the defendant moved to discharge the petit jury, because…

2Cases cited1 opinion

  1. Green v. StateSupreme Court of Arkansas · 1888

3Cited by7 opinions

  1. State v. VarnerSupreme Court of Missouri · 1959
  2. State v. AllisonMontana Supreme Court · 1948
  3. Baugh v. StateSupreme Court of Alabama · 1928
  4. State v. RoseSupreme Court of Missouri · 1917
  5. Clarkson v. StateSupreme Court of Arkansas · 1925

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