Meisenheimer v. State
Supreme Court of Arkansas
Appeal from Yell Circuit Court. Wieeiam L. Moose, Judge. The court erred in refusing to have the sheriff summon twice the number of jurors to fill the panel.
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Appeal from Yell Circuit Court. Wieeiam L. Moose, Judge. The court erred in refusing to have the sheriff summon twice the number of jurors to fill the panel. Sand. & H. Dig. § 2194. The testimony of John Jones was incompetent. 65 Ark. 482; 67 Ark. 281; Sand. & H. Dig. § 2916. Statements made to alleged accomplices should have been admitted as part of the res gestae. 43 Ark. 103, 289; 65 Ark. 261; 8 Wall. 397; 18 Ga. 635 ; 66 Ark. 501; 1 Greenleaf, Ev. 108. The testimony of D. S. Mann' was incompetent. 43 Ark. 367; 1 Greenleaf, Ev. 217; 32 So. 818; 33 So. 1009; 76 Ala. 42; 34 Fla. 575; 4 Minn.…
1Opinion of the CourtHiuu, C. J.
Charlie Meisenheimer was indicted for rape, and convicted of assault with intent to commit rape; the jury left the punishment to the court, who fixed it at fifteen years in the penitentiary.
1. It is alleged that the court erred in the selection of the jury in failing to instruct the sheriff to summons, after the panel was exhausted, twice the requisite number to complete the jury, as required by section 2194, Sandels & Hill’s Digest. The record shows the panel consisted of less than twenty-four jurors, and the defendant agreed to proceed with less than a full panel, and waived the drawing of…
Also in this document: Dissent.
2Cases cited8 opinions
- The People v. . JaehneNew York Court of Appeals · 1886
- State v. PattersonSupreme Court of Missouri · 1881
- Vaughan v. StateSupreme Court of Arkansas · 1894
- People v. BadgleyNew York Supreme Court · 1836
- People v. . DeaconsNew York Court of Appeals · 1888
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3Cited by45 opinions
- Williams v. StateSupreme Court of Arkansas · 1975
- State v. CopeSupreme Court of North Carolina · 1954
- State v. RomoArizona Supreme Court · 1947
- Clardy v. StateSupreme Court of Arkansas · 1910
- Boland v. StanleySupreme Court of Arkansas · 1909
40 more not listed; retrieve them via the Exa API.