Davis v. State
Supreme Court of Arkansas
Appeal from Hempstead Oircuit Court; George R. Haynie, Judge; It was prejudicial and improper for the prosecuting attorney in his argument to the jury to refer to the fact that appellant had taken a change of venue at all, but when, after -objection by the appellant to .such argument and the admonition by the court not to consider such argument, he fixed the injurious effects thereof in the minds of the jury by telling a laughable story, the point of which was an…
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Appeal from Hempstead Oircuit Court; George R. Haynie, Judge; It was prejudicial and improper for the prosecuting attorney in his argument to the jury to refer to the fact that appellant had taken a change of venue at all, but when, after -objection by the appellant to .such argument and the admonition by the court not to consider such argument, he fixed the injurious effects thereof in the minds of the jury by telling a laughable story, the point of which was an unmistakable reference to the change of venue, and which, notwithstanding appellant’s objections, was not followed by a reprimand…
1Opinion of the CourtSmith, J.
The appellant and one Seymour Nix were jointly indicted at the February term, 1905, of the Lafayette Circuit 'Court for the crime of grand larceny. Appellant obtained a change of venue to the Hempstead Circuit Court, and one of the principal witnesses against him at his trial there was the said Nix, and, according to his evidence, the commission of the larceny was the joint enterprise of himself and appellant.
Various questions are raised concerning the sufficiency of the evidence to support the verdict and the correctness of the instructions of the court under which the cause was submitted to…
2Cases cited6 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- German-American Insurance v. HarperSupreme Court of Arkansas · 1902
- St. Louis, Iron Mountain & Southern Railway Co. v. ElrodSupreme Court of Arkansas · 1915
- Day v. FergusonSupreme Court of Arkansas · 1905
- Ingram v. StateSupreme Court of Arkansas · 1913
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