Legal Opinion

McAlister v. State

Supreme Court of Arkansas

Decided July 10, 1911PublishedCited by 44 opinions

Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; statement by the court. Appellant was indicted and convicted of the crime of murder in the first degree. The indictment in proper form charged him with the murder of B. F. Kirby. Kirby was assassinated about sundown on the evening of Friday, August 19, 1910, by some one lying in ambush. He was shot in the back with a load of buckshot while returning to his home from the town of Marianna, in Lee -County, Arkansas.

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Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; statement by the court. Appellant was indicted and convicted of the crime of murder in the first degree. The indictment in proper form charged him with the murder of B. F. Kirby. Kirby was assassinated about sundown on the evening of Friday, August 19, 1910, by some one lying in ambush. He was shot in the back with a load of buckshot while returning to his home from the town of Marianna, in Lee -County, Arkansas. He was on what is called the Skidmore road, and was at the northwest corner of the fence around what is called the…

1Opinion of the Court

Wood, J.,

(after stating the facts). The court did not err in permitting the State to ask the witness Bob Williams if he and others, not using the defendant’s name, had not been engaged in the assassination of a negro from ambush near the place where Dr. Kirby was killed. The answer to this question, if in the affirmative, would have tended to prove that the witness was an assassin, and had associated with an assassin, and therefore was so utterly depraved as to render him wholly unworthy of belief. Any question may be asked a witness on cross examination tending to prove that he is guilty of…

2Cases cited11 opinions

  1. Hollingsworth v. StateSupreme Court of Arkansas · 1890
  2. Newcomb v. . GriswoldNew York Court of Appeals · 1862
  3. Ware v. StateSupreme Court of Arkansas · 1909
  4. Billings v. StateSupreme Court of Arkansas · 1889
  5. Plunkett v. StateSupreme Court of Arkansas · 1904

6 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Rhea v. StateSupreme Court of Arkansas · 1912
  2. People v. . RichardsonNew York Court of Appeals · 1917
  3. Mays v. StateSupreme Court of Arkansas · 1924
  4. Randall v. StateSupreme Court of Arkansas · 1965
  5. Peters v. StateSupreme Court of Arkansas · 1912

39 more not listed; retrieve them via the Exa API.

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