Bush v. State
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. Hon. J. M. Smith, Circuit Judge. STATEMENT. At the August term, 1880, of the Garland Circuit Court, W. C. Bush and Mary Mann were jointly indicted for cohabiting as husband and wife, without being married. Bush was arrested and put upon trial. Upon the trial, Ed.' Brown, a witness for the State, testified that he had long known Mary Mann. That for eight or nine years past she and the defendant had lived in the same house.
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APPEAL from Garland Circuit Court. Hon. J. M. Smith, Circuit Judge. STATEMENT. At the August term, 1880, of the Garland Circuit Court, W. C. Bush and Mary Mann were jointly indicted for cohabiting as husband and wife, without being married. Bush was arrested and put upon trial. Upon the trial, Ed.' Brown, a witness for the State, testified that he had long known Mary Mann. That for eight or nine years past she and the defendant had lived in the same house. That for three months, in the summer of 1879, witness and James Brown, as employees of the defendant, resided, with their wives, at…
1Opinion of the CourtHarrison, J.
The instruction objected to was properly-given. It stated the law as declared in Lyerly v. The State, 36 Ark., 39; and Sullivan v. The State, 32 Ark., 187.
That asked by the defendant was properly refused. It was misleading — tending to restrict the consideration of the-jury to the isolated facts to which it referred, and exclude-from their consideration the other evidence in the case. Reese v. Beck, 24 Ala., 651; Chappell v. Allen, 38 Mo., 213; Gruber v. Nichols, 36 Ill., 92.
Affirmed.
2Cases cited3 opinions
- Chappell v. AllenSupreme Court of Missouri · 1866
- Grube v. NicholsIllinois Supreme Court · 1864
- Reese v. BeckSupreme Court of Alabama · 1854
3Cited by8 opinions
- McClure v. McClureSupreme Court of Arkansas · 1943
- Commonwealth v. LucasMassachusetts Supreme Judicial Court · 1893
- Leonard v. StateSupreme Court of Arkansas · 1913
- Hovis v. StateSupreme Court of Arkansas · 1924
- Poland v. StateSupreme Court of Arkansas · 1960
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