Duncan v. State
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; W. E. Patterson, Judge; 1. It was error to refuse the petition to inquire into the mental condition of defendant at the time of trial.
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Appeal from Calhoun Circuit Court; W. E. Patterson, Judge; 1. It was error to refuse the petition to inquire into the mental condition of defendant at the time of trial. Kirby’s Dig., § 2440; 69 Ark. 167; 77 Id. 423; 72 Id. 523; 104 Id. 43. 2. After a juror has been accepted by both parties he can not be challenged peremptorily without permission. 70 Ark. 337; Kirby’s Dig., § 2357. 3. The defendant must be present when any substantive step is taken, and the record mnst show it. Kirby’s Dig., § 2339; 24 Ark. 620; 44 Id. 331; 66 Id. 206. 4. The motion in arrest should have been treated as a…
1Opinion of the CourtMcCulloch, C. J.
The defendant, J. M. Duncan, was indicted by the grand jury of Calhoun County for the crime of murder in the first degree in killing Walter Barnes, and on trial of the case before a jury he was convicted of murder in the second degree, and his punishment fixed at ten years in the State penitentiary.
The killing was done in the presence and view of a number of witnesses, and there is very little, if any, dispute as to the circumstances thereof, which were sufficient to embrace all the* elements of the highest degree of homicide.
The only defense seriously relied upon is that of insanity, and a…
2Cases cited3 opinions
- Bond v. StateSupreme Court of Arkansas · 1897
- Bearden v. StateSupreme Court of Arkansas · 1884
- Brown v. StateSupreme Court of Arkansas · 1867
3Cited by10 opinions
- Kelley v. StateSupreme Court of Arkansas · 1922
- People Ex Rel. Best v. EldredSupreme Court of Colorado · 1938
- Bennett v. StateIndiana Supreme Court · 1919
- Wilhite v. StateSupreme Court of Arkansas · 1923
- Davis v. BrittSupreme Court of Arkansas · 1967
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