McCain v. State
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; George R. Haynie, Judge; 1. The court erred in not allowing the witness Den-man to answer the question showing Smith a biased witness. 52 Ark. 273; Jones on Evidence, § 828. This was not a collateral matter. 2. The court erred in its instructions. 144 S. W. 485-7; 2 Bish. Cr. Proc. (4 ed.), § 611; Wharton on Homicide (3 ed.), § 263; 110 Ark. 15. 1. There was no error in refusing to permit Denman to contradict Smith on cross-examination.
Read the full summary
Appeal from Nevada Circuit Court; George R. Haynie, Judge; 1. The court erred in not allowing the witness Den-man to answer the question showing Smith a biased witness. 52 Ark. 273; Jones on Evidence, § 828. This was not a collateral matter. 2. The court erred in its instructions. 144 S. W. 485-7; 2 Bish. Cr. Proc. (4 ed.), § 611; Wharton on Homicide (3 ed.), § 263; 110 Ark. 15. 1. There was no error in refusing to permit Denman to contradict Smith on cross-examination. Where a witness is cross-examined on a collateral issue, his answer can not be subsequently contradicted by the party…
1Opinion of the CourtSmith, J.
Appellant was convicted of murder in the second degree, and at his trial one Perry Smith gave testimony of a highly damaging character against him. This testimony was in direct conflict with the testimony of appellant and of the witnesses in his behalf, and, by way of impeachment of Smith, appellant undertook to show the bias of the witness. As tending to show this bias, the witness was asked if he. had not’ told Judge Denman, on the day that Slagle (the deceased) was killed, that, if he had had a pistol, he (Smith) would have killed appellant himself. Smith denied having made this statement.…
2Cases cited6 opinions
- Billings v. StateSupreme Court of Arkansas · 1889
- Butler v. StateSupreme Court of Arkansas · 1879
- Adams v. StateSupreme Court of Arkansas · 1910
- Crumpton v. StateSupreme Court of Arkansas · 1889
- Kansas City Southern Railway Co. v. BelknapSupreme Court of Arkansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Goodwin v. StateSupreme Court of Arkansas · 1978
- Wright v. StateSupreme Court of Arkansas · 1918
- Avey v. StateSupreme Court of Arkansas · 1921
- Dixon v. StateSupreme Court of Arkansas · 1934
- Whipple v. DriverSupreme Court of Arkansas · 1919