Legal Opinion

Wilkins v. State

Supreme Court of Arkansas

Decided December 1, 1900PublishedCited by 8 opinions

Appeal from Cross Circuit Court. Felix G. Taylor, Judge. It was error to admit the reading of the alleged evidence of witness Poteet. 52 S. W. 276; 40 Ark. 476. It was error for the court to give undue prominence to evidence of Poteet when instructing the jury. 36 S. W. 587; 45 Ark. 165; 45 Ark. 492; 23 Ark. 115; 57 Ark. 580; 44 Ark. 115; 49 Ark ■439; 37 Ark. 88; 37 Ark. 33; 57 Ark. 512; 62 Ark 286; 30 Ark. 383; 18 So. 121; 64 N. W.’ 961; 19 So. 711. The •case of Payne v.…

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Appeal from Cross Circuit Court. Felix G. Taylor, Judge. It was error to admit the reading of the alleged evidence of witness Poteet. 52 S. W. 276; 40 Ark. 476. It was error for the court to give undue prominence to evidence of Poteet when instructing the jury. 36 S. W. 587; 45 Ark. 165; 45 Ark. 492; 23 Ark. 115; 57 Ark. 580; 44 Ark. 115; 49 Ark ■439; 37 Ark. 88; 37 Ark. 33; 57 Ark. 512; 62 Ark 286; 30 Ark. 383; 18 So. 121; 64 N. W.’ 961; 19 So. 711. The •case of Payne v. State announces a safe and sound rule. 36 S. W. 587; 45 Ark. 165; 50 Ark. 477; 53 Ark. 381; 7 Ark. 470; 15 Ark. 491; 23…

1Per curiam

Sid Wilkins was indicted for murder of one James Stephens. On a trial of such charge he was convicted of murder in the second degree, and his punishment assessed at ten years in the penitentiary. From this judgment he appealed.

The main question presented by this appeal is raised by the contention that the court erred in permitting counsel for the state to read to the jury the testimony of John Poteet, a witness absent from the state, but whose testimony in the examining court had been reduced to writing and signed by him. The clerk who reduced this testimony to writing was not sworn, but the…

2Cases cited1 opinion

  1. Payne v. StateSupreme Court of Arkansas · 1899

3Cited by8 opinions

  1. Hawkins v. United StatesCourt of Criminal Appeals of Oklahoma · 1910
  2. Petty v. StateSupreme Court of Arkansas · 1905
  3. Poe v. StateSupreme Court of Arkansas · 1910
  4. Bennett v. StateSupreme Court of Arkansas · 1907
  5. State v. InlowUtah Supreme Court · 1914

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