Legal Opinion

Crosby v. State

Supreme Court of Arkansas

Decided January 10, 1910PublishedCited by 16 opinions

Appeal from Conway Circuit Court; Hugh Basham, Judge; The indictment must allege the means and manner of the killing, and the State must prove every material allegation. 34 Ark. 263; 27 Ark. 496; 26 Ark. 323. The competency of witnesses under fourteen years of age must be made to appear by proper examination in the presence of the defendant. 25 Ark. 92; 10 Cal. 66. A fourteen year old boy who states that he knows that it is wrong to lie, but does not know what will be done…

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Appeal from Conway Circuit Court; Hugh Basham, Judge; The indictment must allege the means and manner of the killing, and the State must prove every material allegation. 34 Ark. 263; 27 Ark. 496; 26 Ark. 323. The competency of witnesses under fourteen years of age must be made to appear by proper examination in the presence of the defendant. 25 Ark. 92; 10 Cal. 66. A fourteen year old boy who states that he knows that it is wrong to lie, but does not know what will be done with him if he does, has not the requisite capacity for a witness. 88 Ala. 181; 72 Ala. 191; 24 S. C. 185. The confession…

1Opinion of the CourtPIart, J.

Will Crosby was indicted, tried and convicted in the Conway Circuit Court for the crime of murder in the first degree; and has duly prosecuted an appeal to this court.

The State relied for a conviction upon the confession of the defendant and the testimony of Will Howard, a little negro boy ten years old, who was a witness to the killing. No evidence was adduced in behalf of the defendant. The killing occurred in Conway County, Arkansas. Both the deceased and the defendant were colored, and both were boys. The witnesses for the State, except the sheriff, stated that the defendant was 16 or 17…

2Cases cited2 opinions

  1. Flanagin v. StateSupreme Court of Arkansas · 1867
  2. Youngblood v. StateSupreme Court of Arkansas · 1879

3Cited by16 opinions

  1. Kitchen v. StateSupreme Court of Arkansas · 1980
  2. Payne v. StateSupreme Court of Arkansas · 1928
  3. Durham v. StateSupreme Court of Arkansas · 1929
  4. Harris v. StateSupreme Court of Arkansas · 1964
  5. Reynolds v. StateSupreme Court of Arkansas · 1952

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