Levy v. State
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. Joe.D. Conway, Judge. Chess Levy was convicted of murder in the first degree for the killing of one íl. C. Cox in Nevada county. On cross-examination he was asked if he didn’t shoot or cut another man in Nevada county, and replied, “No, sir; I got shot.” Question: “Whom did you have the difficulty with?” Answer: “I don’t know who it was.” Question: “Didn’t you cut him?” Answer: “No, sir.”
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Appeal from Nevada Circuit Court. Joe.D. Conway, Judge. Chess Levy was convicted of murder in the first degree for the killing of one íl. C. Cox in Nevada county. On cross-examination he was asked if he didn’t shoot or cut another man in Nevada county, and replied, “No, sir; I got shot.” Question: “Whom did you have the difficulty with?” Answer: “I don’t know who it was.” Question: “Didn’t you cut him?” Answer: “No, sir.” Question: “What did you do?” Answer: “I didn’t do nothing but strike him with my fist.” This testimony was excepted to by defendant, who has appealed. The eighth instruction…
1Opinion of the CourtWood, J.
The court erred in allowing appellant to be examined on cross-examination as to the difficulty he had with a man in Prescott, and this testimony was prejudicial. The uneontroverted proof shows that appellant was at least guilty of murder in the second degree. The cause will be remanded to the circuit court with directions to sentence for murder in second degree.
2Cited by2 opinions
- Ware v. StateSupreme Court of Arkansas · 1909
- Dear v. StateSupreme Court of Arkansas · 1907