Legal Opinion · Dissent

Edens v. State

Supreme Court of Arkansas

Decided June 4, 1962No. 5025Published

1DissentEd. F. McFaddin, Associate Justice

I agree that the judgment in this case should be reversed; but I dissent as to the dismissal of the case.

The judgment should he reversed because of Assignment No. 18 in the motion for new trial, which relates to statements made by the Prosecuting Attorney in the final argument to the jury; and some cases holding such statements to require reversal are: Paul v. State, 99 Ark. 558, 139 S. W. 287; Thomas v. State, 107 Ark. 469, 155 S. W. 1165.

However, I am firmly of the opinion that there was a case made for the jury, and the cause should be remanded for a new trial. Even if the Majority…

2Cases cited11 opinions

  1. Interstate Business Men's Accident Ass'n v. SandersonSupreme Court of Arkansas · 1920
  2. Reed v. StateSupreme Court of Arkansas · 1911
  3. Lewis v. LewisSupreme Court of Arkansas · 1953
  4. Johnson v. StateSupreme Court of Arkansas · 1946
  5. Paul v. StateSupreme Court of Arkansas · 1911

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