Legal Opinion

Housley v. State

Supreme Court of Arkansas

Decided April 5, 1920PublishedCited by 5 opinions

Appeal from' Garland Circuit Court; Scott Wood, Judge; 1. The evidence of conversations had with Porter Brown in the absence of appellant prior to the burning of the houses was inadmissible and it was error to admit them.

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Appeal from' Garland Circuit Court; Scott Wood, Judge; 1. The evidence of conversations had with Porter Brown in the absence of appellant prior to the burning of the houses was inadmissible and it was error to admit them. It was mere hearsay and not competent. 95 Ark. 460; 87 Id. 34. 2. Conversations with Porter Brown after the fire in the absence of appellant were also incompetent, and it was error to admit testimony as to them. 78 Ark. 290; 45 Id. 155, 328; 62 Id. 516; 59 Id. 422; 45 Id. 132. 3. The evidence is not sufficient to sustain the verdict after the incompetent evidence is…

1Opinion of the CourtHumphreys, J.

Appellant was jointly indicted with Porter Brown and four others, in the Garland Circuit Court, for the crime of arson, by feloniously, wilfully and maliciously setting fire to a house in said county, on the 29th day of March, 1919, owned by Sue Bledsoe. Appellant requested and was granted a severance, and, upon trial, was found guilty, and his punishment fixed at two years in the penitentiary. Prom the judgment of conviction, an appeal has been duly prosecuted to this court.

The theory of the State was that appellant entered into a conspiracy with Porter Brown to run certain negroes out of…

2Cases cited5 opinions

  1. Butt v. StateSupreme Court of Arkansas · 1906
  2. Chapline v. StateSupreme Court of Arkansas · 1906
  3. Parker v. StateSupreme Court of Arkansas · 1911
  4. Storms v. StateSupreme Court of Arkansas · 1906
  5. Bundy v. StateSupreme Court of Arkansas · 1910

3Cited by5 opinions

  1. Gurein v. StateSupreme Court of Arkansas · 1946
  2. Griffin v. StateSupreme Court of Arkansas · 1970
  3. Hammond v. StateSupreme Court of Arkansas · 1927
  4. W. D. Stroud v. StateSupreme Court of Arkansas · 1925
  5. Moore v. StateSupreme Court of Arkansas · 1922

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