Aikin v. State
Supreme Court of Arkansas
Error to Crawford Circuit Court. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. Appellant was indicted on the 22nd, arraigned on the 24th, and his trial set for the 28th of November. On the day of arraignment he made the following application to the clerk of the court to-wit: “APPLICATION TO CLERK. “In the Crawford Circuit Court, ] November Term, 1893. j H. S. Lewers —Please issue subpoena in behalf of defendant in the case of the State of Arkansas against Geo.
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Error to Crawford Circuit Court. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. Appellant was indicted on the 22nd, arraigned on the 24th, and his trial set for the 28th of November. On the day of arraignment he made the following application to the clerk of the court to-wit: “APPLICATION TO CLERK. “In the Crawford Circuit Court, ] November Term, 1893. j H. S. Lewers —Please issue subpoena in behalf of defendant in the case of the State of Arkansas against Geo. Aikin, charged with murder, returnable on Tuesday, the 28th day of November, 1893, for the following witnesses, who are material in…
1DissentWood, J.
It will be observed that the defendant has brought himself fully within the requirements of the law to have this court pass upon the rules of the Crawford circuit court, in so far as they were enforced by said court in his case. These rules, in our judgment, are in plain derogation of most sacred constitutional rights. While we concur with the majority as to the error in the instruction, we think the other error, in denying the defendant process for his witnesses, by far the more egregious and hurtful. Therefore, while agreeing with the majority in all they say in condemnation of the rules…
2Cases cited1 opinion
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