Morris v. State
Supreme Court of Arkansas
Appeal from the Stone Circuit Court; Dene E. Coleman, Judge; Tbe motion for new trial on the ground of newly-discovered evidence should have been sustained, as it met all the requirements laid down in 2 Ark. 33. Under our law the witness Shanks could not have been compelled to incriminate himself by his testimony in the case, but, after his expressed willingness to testify was made known to appellant, this testimony stood in the same position as newly discovered testimony.
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Appeal from the Stone Circuit Court; Dene E. Coleman, Judge; Tbe motion for new trial on the ground of newly-discovered evidence should have been sustained, as it met all the requirements laid down in 2 Ark. 33. Under our law the witness Shanks could not have been compelled to incriminate himself by his testimony in the case, but, after his expressed willingness to testify was made known to appellant, this testimony stood in the same position as newly discovered testimony. The courts of some States have held that where several parties were jointly indicted and tried, and the defendants were…
1Opinion of the Court
McCulloch, C; J.
Appellant was convicted of the crime of assault with intent to kill, alleged to have been committed by shooting one Taylor with a gun. It is undisputed that Taylor was shot and seriously wounded as he was driving along a lonely part of the road late in the évening of March 26, 1921, returning to his home in Stone County from' Mountain View, the county seat.
Taylor testified that appellant did the shooting. His statement was, in substance, that as he was driving along in a wagon he saw appellant come out into the road with a gun on his shoulder, and, after walking a short…
2Cases cited1 opinion
- Ex parte ButtSupreme Court of Arkansas · 1906
3Cited by1 opinion
- Huckabee v. StateSupreme Court of Arkansas · 1927