Decker v. State
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; 1. Where a juror on his voir dire discloses that he has^ formed an opinion as to the guilt of the accused which it would require evidence to remove, he is incompetent to serve, notwithstanding he may say that he can give the defendant as fair and impartial a trial as if he never heard of the case. 56 Ark. 402; 72 Ark. 151; 45 Ark. 170; 69 Ark. 325; 19 Ark. 165; 72 Ark. 160; 20 Ark. 50; 30 Ark. 741; 45 Ark. 168; 66…
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Appeal from Arkansas Circuit Court; Eugene Lankford, Judge; 1. Where a juror on his voir dire discloses that he has^ formed an opinion as to the guilt of the accused which it would require evidence to remove, he is incompetent to serve, notwithstanding he may say that he can give the defendant as fair and impartial a trial as if he never heard of the case. 56 Ark. 402; 72 Ark. 151; 45 Ark. 170; 69 Ark. 325; 19 Ark. 165; 72 Ark. 160; 20 Ark. 50; 30 Ark. 741; 45 Ark. 168; 66 Ark. 449; 22 Ark. 150. On the question of the credibility of witnesses and the weight to be attached to their testimony,…
1Opinion of the CourtBattue, J.
G. W. Decker was convicted of murder in the second degree. His punishment was assessed at five years’ imprisonment in the penitentiary. He appealed.
In the formation of the jury in this case Athel Cummins was examined and answered as follows:
“Q. Have you heard anybody talk about this case who pretended to tell the facts? A. Yes, sir; I have heard a good many talk about it, and I suppose some of them have detailed the facts. Q. Did any of the witnesses talk to you about it? A. I don’t know who the witnesses are. Q. Was what was said to you mere rumor, or was it the parties telling the facts as…
2Cases cited4 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Hardin v. StateSupreme Court of Arkansas · 1898
- Sneed v. StateSupreme Court of Arkansas · 1886
- Sullins v. StateSupreme Court of Arkansas · 1906
3Cited by10 opinions
- McGough v. StateSupreme Court of Arkansas · 1914
- Dillard v. StateSupreme Court of Arkansas · 1976
- Johnson v. StateSupreme Court of Arkansas · 1915
- Prewitt v. StateSupreme Court of Arkansas · 1921
- Wright v. StateSupreme Court of Arkansas · 1918
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