Denton v. State
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. ' It was error to give instruction No. 3. It charges the jury with regard to matters of fact. The case of 58 Ark. 353 is not the law, and should be overruled. 46 Ark. 151; 37 Id. 592; 45 Id. 173; 49 Id. 448 ; 43 Id. 289; 55 Id. 244; 53 Id. 381; 58 Id. 108; 16 S. W. 483;'183 Id. 1059, 1067; 191 Id. 1002; 192 Id. 469; 6 Okla.
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Appeal from Randolph Circuit Court; J. B. Baker, Judge; 1. ' It was error to give instruction No. 3. It charges the jury with regard to matters of fact. The case of 58 Ark. 353 is not the law, and should be overruled. 46 Ark. 151; 37 Id. 592; 45 Id. 173; 49 Id. 448 ; 43 Id. 289; 55 Id. 244; 53 Id. 381; 58 Id. 108; 16 S. W. 483;'183 Id. 1059, 1067; 191 Id. 1002; 192 Id. 469; 6 Okla. Cr. 356; 93 N. E. 790; 99 Id. 702; 71 Id. 405; 107 Id. 179; 2 Thompson on Trials, 2421; 2 Bishop, New Cr. Law, 1182; 154 Pac. 1008; 100 N. W. 305; 62 Miss. 705; 59 So. 8; 48 Ga. 192; 49 Am. Rep. 185; 106 Pac. 556;…
1Opinion of the CourtWood, J.
Appellant was convicted on an indictment charging him with the offense of selling intoxicating liquor, sentenced to one year imprisonment in the penitentiary, and this appeal is from that judgment.
Among others the court gave the following instruction:
“3. You are instructed that under the law the defendant has the right to testify in his own behalf; but his credibility and the weight to be given to his testimony are matters exclusively for the jury. In weighing the testimony of the defendant in this case, you have the right to take into consideration his manner of testifying, the…
2Cases cited4 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Jones v. StateSupreme Court of Arkansas · 1895
- Hamilton v. StateSupreme Court of Arkansas · 1896
- Weatherford v. StateSupreme Court of Arkansas · 1906
3Cited by2 opinions
- Smith v. StateSupreme Court of Arkansas · 1926
- Smith v. StateSupreme Court of Arkansas · 1924