Legal Opinion · Dissent

Hughes v. State

Supreme Court of Arkansas

Decided July 10, 1922Published

1DissentMcCulloch, C. J.

The remark of the prosecuting attorney was undoubtedly improper, but I am unwilling to declare that the trial judge failed to adequately withdraw the remark from consideration by the jury so as to remove its prejudicial effect. The court, on objection being made by appellant’s counsel, stated that the remark was improper and that the jury should not consider it. The inference from the objectionable remark was that there was other testimony which, if disclosed, would be damaging to appellant, but I cannot see any sound reason why the effect of such remark should be deemed so damaging and…

2Cases cited8 opinions

  1. Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
  2. Fox v. StateSupreme Court of Arkansas · 1912
  3. Sims v. StateSupreme Court of Arkansas · 1917
  4. Seaton v. StateSupreme Court of Arkansas · 1921
  5. St. Louis, Iron Mountain & Southern Railway Co. v. DrumrightSupreme Court of Arkansas · 1914

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