Capps v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The misconduct of the jury in mingling with other guests of the hotel where they stayed, and in reading in both of the daily papers the sensational accounts of the case therein contained, is alone sufficient to reverse this case.
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; 1. The misconduct of the jury in mingling with other guests of the hotel where they stayed, and in reading in both of the daily papers the sensational accounts of the case therein contained, is alone sufficient to reverse this case. The burden was on the State to prove that no prejudice resulted to the defendant. 44 Ark. 120. "Where a defendant in a criminal case has been prejudiced by the reading of newspapers by the jury, the verdict is vitiated. 42 Am. St. Eep. 102; 37 Pae. 207; 146 Cal. 561; 80 Pac. 681; 129 Ga.…
1Opinion of the CourtSmith, J.
The appellant was indicted for the crime of murder in the first degree, alleged to have been committed in the Greenwood District of Sebastian County, after premeditation and deliberation, by tying Rose Capps and Priscilla Capps in the bed, upon which they slept, and by then and there perpetrating the crime of arson by setting fire to and burning a certain house which they occupied, and which said house was under the control of the said Marion Capps, and thereby wilfully and feloniously caused the death of the said Rose Capps and Priscilla Capps by then and there causing them to be burned to…
2Cases cited8 opinions
- People v. LearyCalifornia Supreme Court · 1895
- Styles v. StateSupreme Court of Georgia · 1907
- Smith v. StateSupreme Court of Arkansas · 1894
- Cartwright v. StateMississippi Supreme Court · 1893
- Gaffney v. . the PeopleNew York Court of Appeals · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Putro v. BakerMontana Supreme Court · 1966
- State v. AdamoWashington Supreme Court · 1924
- State v. CunninghamOregon Supreme Court · 1943
- Strahan v. WebbSupreme Court of Arkansas · 1959
- Williams v. StateSupreme Court of Arkansas · 1978
16 more not listed; retrieve them via the Exa API.