Hall v. State
Supreme Court of Arkansas
Appeal from Lee Circuit Court. H. N. Hutton, Judge. STATEMENT BY THE COURT. The appellant was convicted of the murder of W. R. King at about 8 o’clock on Friday night of October 18, 1895. He was indicted jointly with Sol Gibbs, Jim Osbrook, and Hosea Perkins. A severance was allowed, and Sol Gibbs was tried first, and upon his confession was convicted of murder in the first degree.
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Appeal from Lee Circuit Court. H. N. Hutton, Judge. STATEMENT BY THE COURT. The appellant was convicted of the murder of W. R. King at about 8 o’clock on Friday night of October 18, 1895. He was indicted jointly with Sol Gibbs, Jim Osbrook, and Hosea Perkins. A severance was allowed, and Sol Gibbs was tried first, and upon his confession was convicted of murder in the first degree. The evidence shows that the deceased, King, at the time he was killed, was at the residence of Whitmore, for the purpose of getting a tap off an old buggy, and that he and Whitmore had gone to the buggy in the…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Though the testimony in this case was shadowy, and not of a character the most satisfactory, yet it was the province of the jury to weigh and pass upon it, and we cannot say there was no testimony upon which they might have found a verdict of guilty.
But the court is of the opinion that the circuit court erred in permitting the testimony showing that the wife of Hall said: “Mr. Hall was not there,” meaning he was not present when King was shot, which statement, the testimony shows, was made in the presence of Hall, and about which he said nothing,—was…
2Cases cited1 opinion
- Galveston, Harrisburg & San Antonio Railway Co. v. MatulaTexas Supreme Court · 1891
3Cited by11 opinions
- Beed v. StateSupreme Court of Arkansas · 1980
- Suhay v. United StatesCourt of Appeals for the Tenth Circuit · 1938
- State v. TompkinsSupreme Court of Missouri · 1955
- State v. HarrisSupreme Court of Missouri · 1933
- Brockwell v. StateSupreme Court of Arkansas · 1976
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