Paul v. State
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, CMckasawba District; W. J. Driver, Judge; 1. Incompetent, irrelevant and immaterial evidence was admitted. The statements admitted were not “dying declaration,” nor admissible as suck. 21 Cyc. 976; 2 Ark. 229; 20 Id. 36; 81 Id, 417; 126 111. 81; 69 Kans. 767; 1 Wharton Cr.
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Appeal from Mississippi Circuit Court, CMckasawba District; W. J. Driver, Judge; 1. Incompetent, irrelevant and immaterial evidence was admitted. The statements admitted were not “dying declaration,” nor admissible as suck. 21 Cyc. 976; 2 Ark. 229; 20 Id. 36; 81 Id, 417; 126 111. 81; 69 Kans. 767; 1 Wharton Cr. Ev. 556 et seq; 74 Ala. 9; 11 Ga. 353; 63 Ind. 548; 50 Mo. 370 ; 21 Cyc. 979; 98; and cases cited, etc.; 164 S. W. 275; 8 R. C. L. 8. 2. Guilt is never presumed — it must be proven. The court erred in its charge as to murder. 3. The Prosecuting Attorney’s remarks were highly…
1Opinion of the CourtHart, J.
Ollie M. Paul was indicted for murder in the first .degree, charged to have been committed by shooting Joe Bracken. He was tried before a jury and found guilty of voluntary manslaughter, his punishment being fixed at imprisonment in the state penitentiary for seven years.
From the judgment of conviction the defendant has duly prosecuted an appeal to this court.
The facts as detailed by the witnesses for the State are substantially as follows:
Joe Bracken lived in Mississippi County, Arkansas, and owned a farm near the farm of the defendant’s father. Joe Bracken was shot on the 10th day of…
2Cases cited11 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- Rhea v. StateSupreme Court of Arkansas · 1912
- Ward v. StateSupreme Court of Arkansas · 1908
- Jones v. StateSupreme Court of Arkansas · 1909
- Osborne v. StateSupreme Court of Arkansas · 1910
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3Cited by2 opinions
- Brewer v. StateSupreme Court of Arkansas · 1971
- Parker v. StateSupreme Court of Arkansas · 1925