Hogue v. State
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Guy Fulk, Judge; 1. The court’s charge to the jury on the question of the presumption of innocence was not full enough in that it did not instruct them that this presumption continues throughout the trial or until his guilt is established to the satisfaction of the jury beyond a reasonable doubt. 164 U. S. 492; 116 Ala. 445; 29 Fla. 527; 95 Neb. 1038; 96 N. W. 266; 55 Neb. 777; 9 Enc. of Ev. 923; 106 Cal. 104; 101 Wis. 627; 127 Ind. 419. 2.…
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Appeal from Perry Circuit Court; Guy Fulk, Judge; 1. The court’s charge to the jury on the question of the presumption of innocence was not full enough in that it did not instruct them that this presumption continues throughout the trial or until his guilt is established to the satisfaction of the jury beyond a reasonable doubt. 164 U. S. 492; 116 Ala. 445; 29 Fla. 527; 95 Neb. 1038; 96 N. W. 266; 55 Neb. 777; 9 Enc. of Ev. 923; 106 Cal. 104; 101 Wis. 627; 127 Ind. 419. 2. The second instruction given over defendant’s objection was in effect an expression of opinion on 'the weight of the…
1Opinion of the CourtMcCulloch, C. J.
Defendant, Walter Hogue, was indicted by the grand jury of Perry County at the February term, 1909, for the crime of murder in the first degree, charging him with the killing of Grover Misner in Perry County, on November 29, 1908.' The .case was tried at the August term, '1909, and he was convicted of murder in the first degree, as charged in the indictment. The testimony adduced by the State tended to establish the following state of facts:
Defendant lived in Scott County, Arkansas, and Misner lived in Crawford County with his mother, and he raised and gathered a crop of cotton that year. In…
2Cases cited5 opinions
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Smith v. StateIndiana Supreme Court · 1895
- Edmonds v. StateSupreme Court of Arkansas · 1879
- Ince v. StateSupreme Court of Arkansas · 1905
- White v. StateIndiana Supreme Court · 1899
3Cited by36 opinions
- Benson v. StateSupreme Court of Arkansas · 1921
- Walker v. StateSupreme Court of Arkansas · 1919
- Petty v. StateSupreme Court of Arkansas · 1968
- Sons v. StateSupreme Court of Arkansas · 1915
- Ezell v. StateSupreme Court of Arkansas · 1950
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