Pearson v. State
Supreme Court of Arkansas
Appeal from Woodruff ‘Circuit Court, Northern Dis^ trict; J. F. Summers, Special Judge; Under the act of May 31, 1909, this court will consider all errors prejudicial whether exceptions were slaved or not. A continuance should have been granted. Defendant was diligent.
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Appeal from Woodruff ‘Circuit Court, Northern Dis^ trict; J. F. Summers, Special Judge; Under the act of May 31, 1909, this court will consider all errors prejudicial whether exceptions were slaved or not. A continuance should have been granted. Defendant was diligent. The refusal was a flagrant -abuse of the ’discretion of the court. 60' Ark. 564; 71 Id. 182; 100 Id. 301; 73 Id. 180. Two days is not a reasonable 'time. 12 Cyc. 503, 536; 95 Ark. 273; 50 Id. 49. 2. The court erred in admitting the evidence of J. B. Kittrell. It was hearsay. 3. The court erred in receiving and .answering the…
1Opinion of the CourtWood, J.
Appellant was convicted of the crime of murder in the first degree. The indictment in due form charged the appellant of the crime of murder in the first degree in the 'hilling of one John Harris.(1) I. Appellant moved the court to continue the case on account of the .absence of Pomp Pearson. Pomp Pearson was the father of the appellant. His testimony as set forth in the motion for a continuance would tend to show an alibi. Treating the testimony, therefore, as material, did the court err in overruling ¡appellant’s motion to continue the case to allow him to procure the testimony of this…
2Cases cited10 opinions
- Dewein v. StateSupreme Court of Arkansas · 1914
- Greenwood v. StateSupreme Court of Arkansas · 1913
- Bearden v. StateSupreme Court of Arkansas · 1884
- Kinnemer v. StateSupreme Court of Arkansas · 1899
- Brown v. StateSupreme Court of Arkansas · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sneed v. StateSupreme Court of Arkansas · 1923
- Whittaker v. StateSupreme Court of Arkansas · 1927
- State v. HuntNew Mexico Supreme Court · 1920
- Bell v. StateSupreme Court of Arkansas · 1954
- State v. WilcoxenSupreme Court of Iowa · 1925
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