Legal Opinion

Dean v. State

Supreme Court of Arkansas

Decided July 14, 1919PublishedCited by 2 opinions

Appeal from Pike Circuit Court; James S. Steel, Judge; 1. The testimony shows a clear case of self-defense and in defense of each other. 2. The court erred in excluding the testimony of Dr. McClure. His testimony was competent. 55 Ark. 593-8-9; 94 Id. 538-544; 1 Greenleaf on Ev., § 441 OB; 5 Enc.

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Appeal from Pike Circuit Court; James S. Steel, Judge; 1. The testimony shows a clear case of self-defense and in defense of each other. 2. The court erred in excluding the testimony of Dr. McClure. His testimony was competent. 55 Ark. 593-8-9; 94 Id. 538-544; 1 Greenleaf on Ev., § 441 OB; 5 Enc. Ed. 534; 74 Ark. 554-6; 34 Id. 520. Dr. McClure’s testimony tended to show that the deceased used brass knucks, a deadly weapon, in the fight and tended to strengthen the testimony of Pone Dean in all respects, etc. 3. It was error to allow Curtis Robertson to state what he told Pone Dean that…

1Opinion of the CourtWood, J.

Pone Dean and Ms father, M. H. Dean, were indicted under separate indictments for the crime of murder in the second degree in the killing of Ford Robertson. The defendants moved to have the causes consolidated and tried at the same time. The motion set up “That both of said causes are of a like nature and relative to the same question and arose out of the same transaction and depend upon the same or substantially the same evidence. ’ ’ The motion was confessed by the State’s attorney and was granted by the court and the causes were consolidated. The trial resulted in the conviction of Pone…

2Cases cited14 opinions

  1. Palmore v. StateSupreme Court of Arkansas · 1874
  2. Carpenter v. StateSupreme Court of Arkansas · 1896
  3. Smith v. StateSupreme Court of Arkansas · 1894
  4. Brown v. StateSupreme Court of Arkansas · 1892
  5. Elder v. StateSupreme Court of Arkansas · 1901

9 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Phares v. StateSupreme Court of Arkansas · 1923
  2. Clark v. StateSupreme Court of Arkansas · 1968

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