Freels v. State
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District ; W. J. Driver, Judge; 1. Appellant did not get a fair and impartial trial. Any misconduct of the jury presumptively vitiates the verdict. The jury were permitted to ramble around in Violet Cemetery and look at the freshly-made grave of the deceased, etc. Mrs. Sullinger also sat by the side of the State’s attorney during the trial.
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Appeal from Mississippi Circuit Court, Osceola District ; W. J. Driver, Judge; 1. Appellant did not get a fair and impartial trial. Any misconduct of the jury presumptively vitiates the verdict. The jury were permitted to ramble around in Violet Cemetery and look at the freshly-made grave of the deceased, etc. Mrs. Sullinger also sat by the side of the State’s attorney during the trial. During the argument of counsel for the State, admonished the jury to go to Violet Cemetery and look upon the freshly-made grave of Edrington and think of his last words, “He shot me while I was begging him not…
1Opinion of the CourtWood, J.
Appellant was convicted of murder in the second degree under an indictment in proper form charging him with murder in the first degree, in the killing of one James Edrington.
The testimony on the part of the State tended to show that three men, one Ferguson, James Edrington and one George, had been playing at a game of dice. The men were drinking and Freels was drunk. They got into what is termed in the evidence as a “friendly drunken row.” The men at the time were on a place occupied by Freels, and not far from Freels’ house.
George testified that Freels had a bottle of whiskey and passed his…
2Cases cited11 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- Rhea v. StateSupreme Court of Arkansas · 1912
- Dolan v. StateSupreme Court of Arkansas · 1883
- Jones v. StateSupreme Court of Arkansas · 1909
- State v. . KinsaulsSupreme Court of North Carolina · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Collins v. StateSupreme Court of Arkansas · 1977
- Jackson v. StateSupreme Court of Arkansas · 1968
- Murchison v. StateSupreme Court of Arkansas · 1971
- Sullivan v. StateSupreme Court of Arkansas · 1924
- Burns v. StateSupreme Court of Arkansas · 1922
7 more not listed; retrieve them via the Exa API.