Legal Opinion

Bates v. State

Supreme Court of Arkansas

Decided April 27, 1895PublishedCited by 12 opinions

Appeal from Monroe Circuit Court. James S. Thomas, Judge. 1. A witness cannot be impeached by showing .that he has been accused of other crimes. Sand. & H. Dig. sec. 2959. Nor by proving that he has been indicted for larceny. 34 Ark. 257. 2. The record in this case shows that appellant was indicted by a grand jury composed of fifteen men. The indictment should have been quashed. 1. It was not error to permit the question to be asked.

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Appeal from Monroe Circuit Court. James S. Thomas, Judge. 1. A witness cannot be impeached by showing .that he has been accused of other crimes. Sand. & H. Dig. sec. 2959. Nor by proving that he has been indicted for larceny. 34 Ark. 257. 2. The record in this case shows that appellant was indicted by a grand jury composed of fifteen men. The indictment should have been quashed. 1. It was not error to permit the question to be asked. Thomps. on Trials, secs. 649, 650-1 and cases cited; 56 Ark. 4; 58 id. 473; lb. 513; 94 Ala. 68. The cases of 34 Ark. 257 and 43 Ark. 99 do not apply where the…

1Opinion of the Court

Hughes J.

i. impeach-meat of de The appellant was indicted for and convicted of larceny, and appealed to this court. On trial the appellant testified in his own behalf, and was asked by the counsel for the State, on cross-examination, if he had not been indicted three times in the Lonoke circuit court for hog stealing. The appellant objected to the question, and the court overruled the objection, whereupon the appellant answered : “Yes, but I was acquitted each time, and one time the judge ordered the case nol grossed,” etc., whereupon the court instructed the jury that they must be governed…

2Cases cited6 opinions

  1. The People v. . CrapoNew York Court of Appeals · 1879
  2. Carr v. StateSupreme Court of Arkansas · 1884
  3. Wallis v. StateSupreme Court of Arkansas · 1891
  4. McCoy v. StateSupreme Court of Arkansas · 1885
  5. The People v. . GayNew York Court of Appeals · 1852

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Wallace v. StateSupreme Court of Florida · 1899
  2. State v. KentNorth Dakota Supreme Court · 1896
  3. Slater v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
  4. Tollifson v. PeopleSupreme Court of Colorado · 1910
  5. Brewer v. StateSupreme Court of Arkansas · 1918

7 more not listed; retrieve them via the Exa API.

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