Kelley v. State
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; Jas. Cochran, Judge; 1. The court erred in refusing a new trial because of improper and prejudicial influences to which the jury was subjected. The jury were permitted to separate during the periods of adjournment of court before and after the case was submitted to them and were never put in charge of a bailiff as required by statute.
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Appeal from Logan Circuit Court, Southern District; Jas. Cochran, Judge; 1. The court erred in refusing a new trial because of improper and prejudicial influences to which the jury was subjected. The jury were permitted to separate during the periods of adjournment of court before and after the case was submitted to them and were never put in charge of a bailiff as required by statute. If the jury were subjected to improper influences while'permitted-to separate, this, on its face, impeaches the integrity of the verdict. 57 Ark. 1; 44 Id. 115; 62 Id. 554. 2. The court erred in its…
1Opinion of the CourtWood, J.
The appellant was indicted for the crime of murder in the first degree in the shooting and killing of one Abe Quinalty. He was tried and convicted of murder in the second degree and by judgment of the court sentenced to ten years in the State penitentiary. He appeals.
The testimony on behalf of the State was sufficient to sustain the verdict. The appellant set up self-defense and also insanity, and the testimony in his behalf warranted the submission of these issues to the jury. There was testimony on behalf of appellant tending to prove that Quinalty, for several months prior to the killing,…
2Cases cited12 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Bell v. StateSupreme Court of Arkansas · 1915
- People v. FoleyMichigan Supreme Court · 1887
- Quinn v. HigginsWisconsin Supreme Court · 1885
- Turnbull v. RichardsonMichigan Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gruzen v. StateSupreme Court of Arkansas · 1979
- State v. FloryWyoming Supreme Court · 1929
- Mode v. StateSupreme Court of Arkansas · 1961
- Payne v. ThurstonSupreme Court of Arkansas · 1921
- Pate v. StateSupreme Court of Arkansas · 1922
14 more not listed; retrieve them via the Exa API.