Legal Opinion · Dissent

Pope v. State

Supreme Court of Arkansas

Decided November 28, 1977No. CR77-122Published

1DissentCarleton Harris, Chief Justice

I disagree with the finding of the majority that this case should be reversed because of the failure to permit appellant to answer the question “Has it been related to you that Shorty Luster had previously killed anyone?” and I have more than one reason for feeling this way.

In the first place, we have said many times that a violent disposition toward others on the part of the victim of a homicide cannot be shown by specific acts of aggression and misconduct. Sanders v. State, 245 Ark. 321, 432 S.W. 2d 647. In that case, citing several prior cases, we stated that the law is clearly established…

2Cases cited2 opinions

  1. Sanders v. StateSupreme Court of Arkansas · 1968
  2. Denney v. ReppertCourt of Appeals of Kentucky (pre-1976) · 1968

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