Pate v. State
Supreme Court of Arkansas
A/ppeal from Miller Circuit Court, George It. Haynie, Judge; The regular panel of petit jurors having been exhausted, the completion of the jury should have been selected from the bystanders; bystanders, meaning those present in .the court room.
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A/ppeal from Miller Circuit Court, George It. Haynie, Judge; The regular panel of petit jurors having been exhausted, the completion of the jury should have been selected from the bystanders; bystanders, meaning those present in .the court room. C. & M. Digest, § 6378. The hypothetical question embraced all the facts in evidence, and the court erred in sustaining an objection to it. 120 Ark. 530; 126 Ark. 455; 146 Ark. 509. If the defendant made certain statements while under the influence of opiates, the jury should not have been allowed to consider them, and the court should have so…
1Opinion of the CourtSmith, J.
Appellant was tried under an indictment which charged him with the crime of murder in the first degree, alleged to have been committed by shooting Bessie Pate, his wife. He was convicted of murder in the second degree and given a sentence of twenty-one years in the penitentiary, and has appealed.
The first assignment of error is that the court erred in refusing to quash a special venire ordered at his trial. It appears that the jury was divided into two panels, and when appellant’s case was called one of these panels was exhausted without making the jury. The other panel was at the time…
2Cases cited13 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Bell v. StateSupreme Court of Arkansas · 1915
- Lackey v. StateSupreme Court of Arkansas · 1900
- Kelley v. StateSupreme Court of Arkansas · 1920
- Johnson v. StateSupreme Court of Arkansas · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bennett v. StateSupreme Court of Arkansas · 1923
- Spear v. StateSupreme Court of Arkansas · 1931
- Shank v. StateSupreme Court of Arkansas · 1934
- Collins v. StateSupreme Court of Arkansas · 1940
- Hallum v. BlackfordSupreme Court of Arkansas · 1941
8 more not listed; retrieve them via the Exa API.