Legal Opinion

Tiner v. State

Supreme Court of Arkansas

Decided June 23, 1913PublishedCited by 32 opinions

Appeal from Randolph Circuit Court; John W. Meehs, Judge; STATEMENT BY THE COURT. The defendant, Thomas L. Tiner, was indicted for the crime of murder in the first degree, charged to have been committed by killing John R. Davis. He was convicted of murder in the second degree, and the jury assessed his punishment at a term of twelve years in the penitentiary. From the judgment of conviction, the defendant has duly prosecuted an appeal to this court.

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Appeal from Randolph Circuit Court; John W. Meehs, Judge; STATEMENT BY THE COURT. The defendant, Thomas L. Tiner, was indicted for the crime of murder in the first degree, charged to have been committed by killing John R. Davis. He was convicted of murder in the second degree, and the jury assessed his punishment at a term of twelve years in the penitentiary. From the judgment of conviction, the defendant has duly prosecuted an appeal to this court. James Hurn was the principal witness for the State, and testified substantially as follows: I am eighty-six years old, and live about fifty yards…

1Opinion of the CourtHart, J.

(after stating the facts). 1. It is first urged that the judgment must be reversed because the court permitted A. J. Witt, private counsel for the children of the deceased, to be in the grand jury room during the time it was inquiring into the charge against the defendant. It is not contended that he was present while the grand jury were deliberating or voting on the charge. The contention of counsel has been decided adversely to him in the case of Bennett v. State, 62 Ark. 516.

2. Counsel for the defendant assigns as error the action of the court in giving certain instructions, and in…

2Cases cited10 opinions

  1. Bennett v. StateSupreme Court of Arkansas · 1896
  2. St. Louis, Iron Mountain & Southern Railway Co. v. HambrightSupreme Court of Arkansas · 1908
  3. Owen v. StateSupreme Court of Arkansas · 1908
  4. Young v. StevensonSupreme Court of Arkansas · 1905
  5. Atkins v. SwopeSupreme Court of Arkansas · 1882

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

3Cited by32 opinions

  1. Echols v. StateSupreme Court of Arkansas · 1996
  2. Hill v. StateSupreme Court of Arkansas · 1986
  3. Arkansas Power & Light Co. v. CatesSupreme Court of Arkansas · 1930
  4. Oliver v. StateSupreme Court of Arkansas · 1956
  5. People v. WhiteheadCalifornia Court of Appeal · 1952

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

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