Mallory v. State
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. It was error for the court to hold that Tom Hampton, Jesse Pharr and C. E. Phillips were competent jurors.
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Appeal from St. Francis Circuit Court; J. M. Jackson, Judge; 1. It was error for the court to hold that Tom Hampton, Jesse Pharr and C. E. Phillips were competent jurors. They had expressed opinions on the case and were disqualified as jurors. 45 Ark. 170; Const., art. 2, § 10. 2. The court erred in giving the State’s instructions and by the refusal of the one asked by defendant as to what constituted an assault. 3. Defendant was prejudiced by the charge of Special Judge J. Walker Morrow. 4. It was error to refuse appellant the right to show why he was seeking the deceased, Connerly. 43 S. E.…
1Opinion of the CourtHumphreys, J.
Appellant was indicted and tried in the St. Francis Circuit Court for murder in the first degree for killing James Connerly in the courthouse yard at Forrest City. The trial resulted in a conviction for manslaughter and a sentence, as punishment therefor, to the State penitentiary for seven years. From the judgment of conviction an appeal has been duly prosecuted to this court. In the formation of the jury to try appellant, Tom Hampton, Jesse Pharr and C. E. Phillips, on their voir dire, testified severally, in substance, that each had formed, expressed, and had a fixed opinion as to the…
2Cases cited3 opinions
- Whitley v. StateSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1914
- Reed v. RogersSupreme Court of Arkansas · 1918
3Cited by18 opinions
- Orr v. StateAlabama Court of Appeals · 1958
- Benson v. StateSupreme Court of Arkansas · 1921
- Lauderdale v. StateSupreme Court of Arkansas · 1961
- McGaha v. StateSupreme Court of Arkansas · 1949
- Stepp v. StateSupreme Court of Arkansas · 1926
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