Crosby v. State

DISSENTING OPINION.

McCulloch, C. J.

The trial court was undoubtedly acting within its powers in ordering the arrest of witness Smith (People v. Hays, 140 N. Y. 484; State v. Swink, 151 N. C. 726; State v. Strado, 38 La. Ann. 562), and the questions to decide now are whether there was an abuse of discretion by the court as to the circumstances under which the arrest was made, and whether prejudice resulted to appellant.

In Martin v. State, 130 Ark. 442, we held that it constituted prejudicial error for the trial court to order the arrest of a witness for the accused in the presence of the jury,…