Legal Opinion · Dissent

Lauderdale v. State

Supreme Court of Arkansas

Decided February 20, 1961No. 4985Published

1DissentSam Bobinson, Associate Justice

There are three serious errors in this case, any one of which calls for a reversal of the judgment if the appellant is not to be denied a fair and impartial trial. And, regardless of the nature of the crime charged, or whether he is guilty or innocent, under our Constitution and laws he is entitled to be tried by a fair and impartial jury. Ark. Const, of 1874, Art. 2, §§ 7-10. Glasser v. U. S., 315 U. S. 60, 86 L. Ed. 680, 62 S. Ct. 457.

The errors mentioned are: (1) The refusal of the trial court to declare a mistrial after learning that Chief Gann Nalley’s brother-in-law, Horace Illing, was…

2Cases cited14 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. State v. . EmerySupreme Court of North Carolina · 1944
  3. State v. EmerySupreme Court of North Carolina · 1944
  4. Jones v. StateSupreme Court of Arkansas · 1959
  5. Hardin v. StateSupreme Court of Arkansas · 1898

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