White v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; John W. Wade, Judge; The court erred in refusing a, new trial upon the affidavit of Lewis Seawood. Appellant was taken by surprise in the testimony of Morris Thomas.
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Appeal from Pulaski Circuit Court, First Division; John W. Wade, Judge; The court erred in refusing a, new trial upon the affidavit of Lewis Seawood. Appellant was taken by surprise in the testimony of Morris Thomas. It is evident he perjured himself. 173 S. W. 405; 69 Ark. 545; 86 Id. 481. 1. Appellant did not object to the testimony of Morris Thomas and he can not now complain. 52 Ark. 180; 101 Id. 443. 2. He does not show due diligence. 137 Ark. 107. And motions for new trial for newly discovered evidence are addressed to the sound discretion of the court. 85 Ark. 179. 3. The evidence…
1Opinion of the CourtWood, J.
The appellant was convicted of the crime of arson in the burning of a barn, the property of Mrs. Mark Valentine, in Pulaski County, Arkansas, on the night of December 3, 1919.
The principal ground urged by the appellant for reversal is that at the trial Morris Thomas testified for the State that on the night when the barn and cotton house of Mrs. Valentine was burned he had seen the fire a half mile away and hurried until he reached the point near the path leading from the burning barn and that he saw a man, whom he recognized to be C. W. White, go through a wire fence; and that since the…
2Cases cited1 opinion
- Lind v. StateSupreme Court of Arkansas · 1918
3Cited by1 opinion
- Huckabee v. StateSupreme Court of Arkansas · 1927