Easter v. State
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; x. It was error to permit the witness Sutton to detail the conversation and statement of John Easter in the absence of the defendant.
Read the full summary
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; x. It was error to permit the witness Sutton to detail the conversation and statement of John Easter in the absence of the defendant. The general rule does not apply in this case because a conspiracy was not proved — no testimony of a conspiracy to which defendant was a party except the statements of this witness, who, by his own testimony, was an accomplice, accessory and co-conspirator, 77 Ark. 444, 450; 3 Greenleaf. on Ev. (13 ed.) § 92; 92 Ark. 592; 59 Ark. 422; 37 Ark. 67; 55 Mich. 256; 12 Cyc. 442, 444; 8 Cyc. 684. 2. It was also…
1Opinion of the CourtMcCuleoch, C. J.
Appellant was tried under an indictment charging him with the murder of one Matthew Babb, and was convicted of murder in the second degree, his punishment being fixed at fifteen years in the penitentiary. Deceased Babb was appellant’s uncle, being the half-brother of Wylie Easter, appellant’s father. The testimony tends to establish a conspiracy between appellant and his father, and John Easter, his brother, to kill Matthew Babb. There is also testimony tending to show that Lem Sutton, who was the principal witness relied on by the State, was also a party to the crime. The parties are all…
2Cases cited1 opinion
- Chapline v. StateSupreme Court of Arkansas · 1906
3Cited by9 opinions
- Wilson v. StateSupreme Court of Arkansas · 1916
- Dyas v. StateSupreme Court of Arkansas · 1976
- Bagley v. StateSupreme Court of Arkansas · 1969
- Hearne v. StateSupreme Court of Arkansas · 1915
- Thurman v. StateSupreme Court of Arkansas · 1947
4 more not listed; retrieve them via the Exa API.