Elder v. State
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court. George M .ChapliNe, Judge. It was error to admit the statement of Bradley after shooting was over as part of the res gestae. 9 Cush. 36; 41 Conn. 55; 119 IT.
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Appeal from Faulkner Circuit Court. George M .ChapliNe, Judge. It was error to admit the statement of Bradley after shooting was over as part of the res gestae. 9 Cush. 36; 41 Conn. 55; 119 IT. S. 99; 8 Wall. 397; McKelvey, Evidence, 278; 43 Ark. 99; 43 Ark. 289. The statement was hearsay evidence. 10 Ark. 638; 62 Ark. 494; 45 Ark. 343. Declarations of an accomplice after the crime is committed, made in the absence of the prisoner, are not admissible. 37 Ark. 67; 45 Ark. 165; 45 Ark. 132. Instructions 3, 4, 5 and 6 are erroneous. 64 Ark. 144; 62 286; 59 Ark. 132; 52 Ark. 45. Declarations of…
1Opinion of the CourtRiddiCK, J.
The defendant, W. L. Elder, was indicted for murder of one John Gullett, alleged to have been committed on the 6th day of April, 1899, in Faulkner county. He was tried and convicted of murder in the second degree and sentenced to be imprisoned for the term of five years, from which judgment he appealed.
The facts, briefly stated, are as follows: Elder was the owner of a house boat, on which he and his wife lived, and where he kept a small stock of merchandise. This boat was-moored to the bank of the Arkansas river in Faulkner county. People from the opposite side of the river sometimes crossed…
2Cited by22 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- Williams v. StateSupreme Court of Arkansas · 1976
- Williams v. StateSupreme Court of Arkansas · 1931
- Walker v. StateSupreme Court of Arkansas · 1919
- Williams v. StateSupreme Court of Arkansas · 1988
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