Johnson v. State
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. George M. Chaplins, Judge. The court erred in denying a continuance and in excluding the evidence of Russell. 21 Ark. 460. The court admitted incompetent evidence, and its mere direction to the jury that they should not consider it did not cure the error. 60 Ark. 89. It was error to allow the jury to disperse during the trial without the admonition required by Sand. & H. Dig., § 2237. 44 Ark. 115; 57 Ark. 1; 1 Bish. Or.
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Appeal from Lonoke Circuit Court. George M. Chaplins, Judge. The court erred in denying a continuance and in excluding the evidence of Russell. 21 Ark. 460. The court admitted incompetent evidence, and its mere direction to the jury that they should not consider it did not cure the error. 60 Ark. 89. It was error to allow the jury to disperse during the trial without the admonition required by Sand. & H. Dig., § 2237. 44 Ark. 115; 57 Ark. 1; 1 Bish. Or. Proc. §§ 991-2-3; 44 111. 452; 9 Sm. & M. 465. The defendant was not prejudiced by the failure of the court to admonish the jury.
1Opinion of the CourtHughes, J.
This is an appeal from a conviction of larceny, and one of the grounds of the motion below for a new trial is that, after the trial had been commenced and part of the testimony had been taken, the jury in the case were allowed to disperse and separate as they chose, without being admonished by the court as required by section 2237 of Sandels & Hill’s Digest, which is as follows: “The jury, whether permitted to separate or kept in charge of officers, must be admonished by the court that it is their duty not to permit any one to speak to or communicate with them on any subject connected with…
2Cases cited7 opinions
- Maclin v. StateSupreme Court of Arkansas · 1884
- Vaughan v. StateSupreme Court of Arkansas · 1892
- Atterberry v. StateSupreme Court of Arkansas · 1892
- State v. MulkinsSupreme Court of Kansas · 1877
- Johnson v. StateSupreme Court of Arkansas · 1877
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3Cited by4 opinions
- State v. LewisNevada Supreme Court · 1939
- Baxter v. StateSupreme Court of Arkansas · 1955
- Lancaster v. StateSupreme Court of Arkansas · 1956
- Lee v. StateSupreme Court of Arkansas · 1906