Davis v. State
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; Dene H. Coleman, Judge; 1. The testimony of Kell and others as to statements made by Homer Davis when he was arrested, etc., were not admissible against appellant. 75 Ark. 297-8; 91 Id. 490; 88 Id. 451; 64 Id. 121; 45 Id. 171; 42 Id. 380; 34 Id. 654. 2. ' Homer Davis was, according to the theory of the State, an accomplice, and a conviction can not be had upon Ms testimony alone. 63 Ark. 461. The question is one of mixed law and fact. 51…
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Appeal from Lawrence Circuit Court; Dene H. Coleman, Judge; 1. The testimony of Kell and others as to statements made by Homer Davis when he was arrested, etc., were not admissible against appellant. 75 Ark. 297-8; 91 Id. 490; 88 Id. 451; 64 Id. 121; 45 Id. 171; 42 Id. 380; 34 Id. 654. 2. ' Homer Davis was, according to the theory of the State, an accomplice, and a conviction can not be had upon Ms testimony alone. 63 Ark. 461. The question is one of mixed law and fact. 51 Id. 115; 43 Id. 367; 63 Id. 462. An accomplice must be corroborated. 96 Id. 58; 59 Id. 430; 73 Id. 410. 3. Tbe evidence…
1DissentMcCULLOCH, C. J.
The statement of Homer Davis to E. Gr. Eitchie was purely self-serving and did not tend to connect appellant with the commission of the crime, as did the testimony of the other three witnesses who gave testimony concerning statements of Homer Davis, and the testimony of Eitchie could not have had any effect prejudicial to appellant. Besides, the substance of the statement to Eitchie was embraced in the statement to the other three witnesses, Kell, Jean and Headrick, and the testimony of those three witnesses was undisputed.
The rule has frequently been laid down by this court that in a…
2Cases cited5 opinions
- Kelley v. StateSupreme Court of Arkansas · 1918
- Renfroe v. StateSupreme Court of Arkansas · 1907
- Taylor v. StateSupreme Court of Arkansas · 1914
- Farrell v. StateSupreme Court of Arkansas · 1914
- Lee v. StateSupreme Court of Arkansas · 1906