Washington v. State
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court; Hance N. Hutton, Judge; I. Where a party, accused of a capital offense by an indictment returned on the second day of the term, has been unable to procure counsel until the third day of the term, and where unserved process is out to procure attendance of witnesses in his behalf, it is an abuse of discretion and prejudicial error to refuse a motion on the fifth day for continuance to a later day in the same term. 2. It was error to admit…
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Appeal from Woodruff Circuit Court; Hance N. Hutton, Judge; I. Where a party, accused of a capital offense by an indictment returned on the second day of the term, has been unable to procure counsel until the third day of the term, and where unserved process is out to procure attendance of witnesses in his behalf, it is an abuse of discretion and prejudicial error to refuse a motion on the fifth day for continuance to a later day in the same term. 2. It was error to admit the testimony of witnesses to the effect that in the afternoon before the night of the killing defendant had said that he…
1Opinion of the CourtMcCueeoch, J.
Appellant was convicted of murder in the first degree under an indictment charging him with the killing of one George Motto. The killing is admitted. It occurred on Christmas eve, in Woodruff County, a few miles distant from Augusta. Appellant and a number of other persons, all being negroes, left town in a wagon, and most, if not all, of them were intoxicated. The deceased was of the party, but -was on horseback. The evidence shows that a controversy arose between two parties in the wagon, and that a fight between them ensued. One of the parties, Seeks, threw the other one, Davis, out of the…
2Cases cited2 opinions
- Carr v. StateSupreme Court of Arkansas · 1884
- Dear v. StateSupreme Court of Arkansas · 1907
3Cited by3 opinions
- Graves v. StateSupreme Court of Arkansas · 1922
- Browning v. StateSupreme Court of Arkansas · 1961
- Pittman v. StateSupreme Court of Arkansas · 1907