Scruggs v. State
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; - 1. The continuance should have been granted. Tbe testimony of the absent witnesses was material and important. 99 Ark. 394, and cases cited. 2. The court erred in instructing the jury in the absence of defendant. 66 Ark. 206, citing 24 Id. 620, and 44 Id. 331. Counsel could not waive the right to be present. 66 S. E. 149; 108 Ark. 191; 72 Id. 379. 3. The court erred in holding that Gaines and Lee were competent jurors.…
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Appeal from White Circuit Court; J. M. Jackson, Judge; - 1. The continuance should have been granted. Tbe testimony of the absent witnesses was material and important. 99 Ark. 394, and cases cited. 2. The court erred in instructing the jury in the absence of defendant. 66 Ark. 206, citing 24 Id. 620, and 44 Id. 331. Counsel could not waive the right to be present. 66 S. E. 149; 108 Ark. 191; 72 Id. 379. 3. The court erred in holding that Gaines and Lee were competent jurors. 79 Ark. 127; 102 Id. 180; 91 Id. 582. 4. The conviction is against the undisputed testimony. Insanity was proven and…
1Opinion of the Court
HART, J.,
(after stating the facts). (1) It is first contended by counsel for the defendant that the court -erred in not granting him a continuance on account of the absence from the State of Irvin Scruggs and Effie Scruggs his wife. In his motion the defendant stated that Irvin Scruggs and Effie Scruggs lived near him, and if present would testify that as far back as the summer of 1915, they discovered that Benton had illicit relations with the wife of the defendant, that they communicated this fact to the defendant and also on subsequent occasions discovered the same fact and communicated it…
2Cases cited6 opinions
- Bell v. StateSupreme Court of Arkansas · 1915
- Davidson v. StateSupreme Court of Arkansas · 1913
- Bolling v. StateSupreme Court of Arkansas · 1891
- Kinnemer v. StateSupreme Court of Arkansas · 1899
- Jackson v. StateSupreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Harmon v. StateSupreme Court of Arkansas · 1982
- Miles v. StateIndiana Supreme Court · 1944
- Lauderdale v. StateSupreme Court of Arkansas · 1961
- Shinn v. StateSupreme Court of Arkansas · 1921
- State v. GrisafulliOhio Supreme Court · 1939
9 more not listed; retrieve them via the Exa API.