Baker v. State
Supreme Court of Arkansas
Appeal from Baxter Circuit Court; John W. Meeks, Judge; 1. It was error to permit the State, over the objection of the defendant, to read a part of his motion for continuance to the jury.
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Appeal from Baxter Circuit Court; John W. Meeks, Judge; 1. It was error to permit the State, over the objection of the defendant, to read a part of his motion for continuance to the jury. If introduced either for the purpose of showing that defendant had committed the crime o'f perjury in making oath to the motion, or for the purpose of impeaching the testimony given by him on the trial, it was clearly inadmissible. 45 Ark. 165; 38 Ark. 221; Kirby’s Dig. § § 6173, 6120. There is no-conflict here between the statements in the motion and the testimony of the witness, as in Weaver v. State, 83…
1Opinion of the CourtBattue, J.
The grand jury of Baxter County, at the March, 1907, term of the Baxter Circuit Court, indicted Austin Baker for murder in the first degree, committed by killing. W. F. Noe on the' 8th day of February, 1907. He was tried and convicted of murder in the second degree.
The defendant moved for a continuance on account of the absence of Will Gillispie, and in his motion stated that Gillispie would swear that he is acquainted with the defendant and W. F. Noe ; that Noe, within a few hours prior to the time he was shot and killed by the defendant, told witness that he was going to kill him (Baker) ;…
2Cases cited5 opinions
- Kennedy v. StateSupreme Court of Alabama · 1888
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- Jones v. StateSupreme Court of Arkansas · 1889
- Weaver v. StateSupreme Court of Arkansas · 1907
- Berry v. StateSupreme Court of Arkansas · 1897
3Cited by8 opinions
- Rhea v. StateSupreme Court of Arkansas · 1912
- Walker v. StateSupreme Court of Arkansas · 1919
- Murphy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Moon v. StateSupreme Court of Arkansas · 1923
- Moon v. StateSupreme Court of Arkansas · 1922
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