Legal Opinion

Lee v. State

Supreme Court of Arkansas

Decided May 28, 1904PublishedCited by 13 opinions

Appeal from Polk Circuit Court. Gibson Witt, Special Judge. The court had no jurisdiction. Sand. & H. Dig. § 2173; 48 Ark. 94. It was error to ask appellant if he had been indicted for stealing cattle. 60 Ark. 450; 70 Ark. 107. The argument of the prosecuting attorne)' upon this point was prejudicial. 58 Ark. 140; 62 Ark. 537; 69 Ark. 657; 70 Ark. 305. It was proper to show that the case was the result of malice on the part of McGough. 55 Ark. 303. Instruction No. 4 was…

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Appeal from Polk Circuit Court. Gibson Witt, Special Judge. The court had no jurisdiction. Sand. & H. Dig. § 2173; 48 Ark. 94. It was error to ask appellant if he had been indicted for stealing cattle. 60 Ark. 450; 70 Ark. 107. The argument of the prosecuting attorne)' upon this point was prejudicial. 58 Ark. 140; 62 Ark. 537; 69 Ark. 657; 70 Ark. 305. It was proper to show that the case was the result of malice on the part of McGough. 55 Ark. 303. Instruction No. 4 was erroneous. 69 Ark. 655. Instruction No. 6 was erroneous. 11 Ark. 455. Instfuction No. 8 was erroneous and prejudicial. 68…

1Opinion of the CourtHughes, J.

The appellant, J. S. Lee, was indicted by the grand jury of Little River county at the January term of the Little River circuit court for manslaughter committed by feloniously and willfully killing H. McGough by shooting him with a pistol loaded with powder and leaden balls, against the peace and dignity of the state of Arkansas. On motion of appellant the venue was changed to the circuit court of Polk county, where, at the September term, 1903, the appellant was tried before a jury, and convicted, and sentenced to two years in the penitentiary. Appellant filed a motion in arrest of judgment,…

2Cases cited4 opinions

  1. Palmore v. StateSupreme Court of Arkansas · 1874
  2. Smith v. StateSupreme Court of Arkansas · 1894
  3. Brown v. StateSupreme Court of Arkansas · 1892
  4. Bloom v. StateSupreme Court of Arkansas · 1900

3Cited by13 opinions

  1. Hall v. StateSupreme Court of Arkansas · 1985
  2. Jackson v. StateSupreme Court of Arkansas · 1910
  3. State v. VernonSupreme Court of Louisiana · 1941
  4. Decker v. StateSupreme Court of Arkansas · 1962
  5. Morrison v. LoweSupreme Court of Arkansas · 1979

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