Rhea v. State
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The dying declarations of Archard, the testimony of the physicians and the evidence of Bridwell arid Smith concerning the dying declarations were improperly admitted as evidence. None of them stand the legal test. The court did not find that the declarations or answers were made under a sense of impending death. 2 Wigmore on Ev. § 25; 9 Kan. 257, 282-5; 4 C. & P. 544; 2 Lewis. Cr. Cas. 148; Underhill on Cr.
Read the full summary
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The dying declarations of Archard, the testimony of the physicians and the evidence of Bridwell arid Smith concerning the dying declarations were improperly admitted as evidence. None of them stand the legal test. The court did not find that the declarations or answers were made under a sense of impending death. 2 Wigmore on Ev. § 25; 9 Kan. 257, 282-5; 4 C. & P. 544; 2 Lewis. Cr. Cas. 148; Underhill on Cr. Ev. 131, § 103. 2. It was error to allow West to give his opinion as to the distinction between a cultured voice and that…
1Opinion of the CourtFrauenthal, J.
At the August term, 1911, of the Desha Circuit Court, the defendant, W. S. Rhea, was indicted upon the charge of murder in the first degree. It was alleged in the indictment that on May 18, 1911, one Jim Hubbard did kill and murder Vital Archard by shooting him with a gun, and that the defendant was present and did aid, abet and encourage said Hubbard in the commission of said crime. The trial resulted in a verdict finding the defendant guilty of murder in the first degree. He filed motions in arrest of judgment and for a new trial, and, both being overruled, he has prosecuted an appeal to…
2Cases cited30 opinions
- Dunn v. StateSupreme Court of Arkansas · 1840
- Arkansas Tax Commission v. MooreSupreme Court of Arkansas · 1912
- Remsen v. . the PeopleNew York Court of Appeals · 1870
- McAlister v. StateSupreme Court of Arkansas · 1911
- Ware v. StateSupreme Court of Arkansas · 1909
25 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Walt Bennett Ford, Inc. v. Pulaski County Special School DistrictSupreme Court of Arkansas · 1981
- Henry H. Cross Co. v. SimmonsCourt of Appeals for the Eighth Circuit · 1938
- Thompson v. SanfordSupreme Court of Arkansas · 1984
- Charles Clifford v. Larry ChandlerCourt of Appeals for the Sixth Circuit · 2003
- Couch v. StateSupreme Court of Arkansas · 1981
48 more not listed; retrieve them via the Exa API.