Campbell v. State
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court. Hon. W. D. Jacowat, Circuit Judge. STATEMENT. At the December term, 1881, of the Johnson Circuit Court, D. W. Campbell and S. N. Moore were indicted for the murder of J. M. Wilson. Upon the trial on the 21st of December, 1881, Ed. Swanson, a witness for the State, testified as follows : “I know the defendants ; was present at the time of the shooting of J. M. Wilson at the house of Alf.
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APPEAL from Johnson Circuit Court. Hon. W. D. Jacowat, Circuit Judge. STATEMENT. At the December term, 1881, of the Johnson Circuit Court, D. W. Campbell and S. N. Moore were indicted for the murder of J. M. Wilson. Upon the trial on the 21st of December, 1881, Ed. Swanson, a witness for the State, testified as follows : “I know the defendants ; was present at the time of the shooting of J. M. Wilson at the house of Alf. Jones, in Johnson county, on the 28th day of January, 1881. The defendants came there about 12 o’clock, on that day, and borrowed a saddle from Jones. They took it away a…
1Opinion of the Court
OPINION.
Harrison, J.
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According to the usual and regular order in the production of evidence, the State should have called and examined the witness, Ledbetter, before closing its case ; or if for any reason that could not have been done, it might by the permission of the court have called and examined him as its own witness, after the close of the defendants’ case ; but the general course of the examination of witnesses is subject to the discretion of the court, and it may permit, as was done, a departure from the usual order. 1 Green., Ev., secs. 431, 447; 1 Bish. Crim. Pro.,…
2Cases cited3 opinions
- Franklin v. StateSupreme Court of Alabama · 1856
- Walker v. StateTexas Supreme Court · 1873
- State v. McCanonSupreme Court of Missouri · 1872
3Cited by18 opinions
- Rhea v. StateSupreme Court of Arkansas · 1912
- State v. ReedSupreme Court of Missouri · 1897
- Douglass v. StateSupreme Court of Arkansas · 1909
- Ward v. StateSupreme Court of Arkansas · 1908
- Jett v. StateSupreme Court of Arkansas · 1922
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