Sneed v. State
Supreme Court of Arkansas
APPEAL from Saline Circuit Court. Hon. J. B. Wood, Circuit Judge. The deposition of Waller was improperly admitted. This witness was never subpoenaed. The continuance should have been granted. Appellant was entitled to be confronted with his witnesses. The Waller testimony does not come within the rule of Hurley v. State, 29 Ark., if; nor Dolan v. State, 40 Ark., 304. See 33 Ark., 339. The jurors who stated that they had formed opinions, should-have been excused.
Read the full summary
APPEAL from Saline Circuit Court. Hon. J. B. Wood, Circuit Judge. The deposition of Waller was improperly admitted. This witness was never subpoenaed. The continuance should have been granted. Appellant was entitled to be confronted with his witnesses. The Waller testimony does not come within the rule of Hurley v. State, 29 Ark., if; nor Dolan v. State, 40 Ark., 304. See 33 Ark., 339. The jurors who stated that they had formed opinions, should-have been excused. The rule as to admitting what a witness would testify, if present, to defeat a continuance, does not apply to criminal cases. The…
1Opinion of the CourtSmith, J.
B. C. Sneed was, jointly with his. son, Dink 'Sneed, and his son-in-law, McCall, indicted by the grand jury ■of Grant- County, for the murder of Jacob Rhodes. The venue was changed to Saline, and, upon a separate trial, he was convicted of Voluntary manslaughter^ and sentenced to the penitentiary for four years. A new trial was denied him, and numerous exceptions were saved, of which'the following only are •deemed worthy of notice: : •
1. It was alleged that the verdict was contrary to the evidence.
The proofs tended to show the existence of a ‘bitter feud between the indicted parties and the…
2Cases cited2 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Wiggins v. PeopleSupreme Court of the United States · 1876
3Cited by20 opinions
- Hawkins v. United StatesCourt of Criminal Appeals of Oklahoma · 1910
- Hardin v. StateSupreme Court of Arkansas · 1898
- State v. BrownSupreme Court of Iowa · 1911
- Atchison, T. & S. F. Ry. Co. v. BakerSupreme Court of Oklahoma · 1913
- McGough v. StateSupreme Court of Arkansas · 1914
15 more not listed; retrieve them via the Exa API.