Hogue v. State
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Guy Fulk, Judge; 1. The court’s charge to the jury on the question of the presumption of innocence was not full enough in that it did not instruct them that this presumption continues throughout the trial or until his guilt is established to the satisfaction of the jury beyond a reasonable doubt. 164 U. S. 492; 116 Ala. 445; 29 Fla. 527; 95 Neb. 1038; 96 N. W. 266; 55 Neb. 777; 9 Enc. of Ev. 923; 106 Cal. 104; 101 Wis. 627; 127 Ind. 419. 2.…
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Appeal from Perry Circuit Court; Guy Fulk, Judge; 1. The court’s charge to the jury on the question of the presumption of innocence was not full enough in that it did not instruct them that this presumption continues throughout the trial or until his guilt is established to the satisfaction of the jury beyond a reasonable doubt. 164 U. S. 492; 116 Ala. 445; 29 Fla. 527; 95 Neb. 1038; 96 N. W. 266; 55 Neb. 777; 9 Enc. of Ev. 923; 106 Cal. 104; 101 Wis. 627; 127 Ind. 419. 2. The second instruction given over defendant’s objection was in effect an expression of opinion on 'the weight of the…
1DissentBattle, J.
The court erred in instructing the jury as follows:
“2. You. are instructed that if you believe from the evidence ir this case that the defendant was the last person ever seen with the deceased, and that he had never been seen since that time, and that the defendant had failed to account for or explain his absence, these are circumstances which tend to establish the defendant’s guilt, but are not alone sufficient to warrant a conviction. It must also appear from the evidence that the deceased, Grover Misner, came to his death by the agency of the defendant.”
“5. If you find from the evidence…
2Cases cited15 opinions
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Sharp v. StateSupreme Court of Arkansas · 1888
- Blankenship v. StateSupreme Court of Arkansas · 1891
- Polk v. StateSupreme Court of Arkansas · 1885
- Felker v. StateSupreme Court of Arkansas · 1891
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