Legal Opinion

Sellers v. State

Supreme Court of Arkansas

Decided January 17, 1910PublishedCited by 13 opinions

Appeal from Saline Circuit Court W. H. Evans, Judge; 1. The verdict of the jury at the first trial was an acquittal of murder. 29 Ark. 31; 32 Ark. 221; art. 2, § 8, Const. Ark.

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Appeal from Saline Circuit Court W. H. Evans, Judge; 1. The verdict of the jury at the first trial was an acquittal of murder. 29 Ark. 31; 32 Ark. 221; art. 2, § 8, Const. Ark. It was therefore improper to arraign the defendant and again place him on trial for murder in the first degree. 2. The case should be reversed because of improper cross examination by the State’s attorney of appellant’s witnesses, couched in such form of questions as practically to accuse witnesses of falsifying, and indirectly to charge some of them with complicity in the crime, and other questions of a nature to…

1Opinion of the CourtMcCulloch, C. J.

Appellant was indicted for the crime of murder, and convicted of voluntary manslaughter. On the former appeal the judgment was reversed (91 Ark. 175), and appellant was again put on trial and convicted of the same degree of homicide. He again appeals, assigning numerous errors.

We reversed the case before on account of an error committed by the trial court in admitting in evidence, without its accuracy being verified by the testimony of any witness, a photograph purporting to show the situation of the parties and the circumstances and conditions connected with the fatal encounter between…

2Cases cited2 opinions

  1. Plunkett v. StateSupreme Court of Arkansas · 1904
  2. Sellers v. StateSupreme Court of Arkansas · 1909

3Cited by13 opinions

  1. Hughes v. StateTennessee Supreme Court · 1912
  2. McAlister v. StateSupreme Court of Arkansas · 1911
  3. Fisher v. StateCourt of Appeals of Arkansas · 1982
  4. Middleton v. StateSupreme Court of Arkansas · 1924
  5. Jones v. StateSupreme Court of Arkansas · 1981

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