Legal Opinion

Snyder v. State

Supreme Court of Arkansas

Decided June 1, 1908PublishedCited by 5 opinions

Appeal from Johnson Circuit Court; /. Hugh Bashcrn, Judge; 1. The remarks of the prosecuting attorney in his opening statement were improper and prejudicial. 2. The prosecuting witness was certainly impeached. Kirby’s Digest, § § 3138, 2382. 3. Instruction (C) alone was given, and the jury were not told to consider it with the others.

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Appeal from Johnson Circuit Court; /. Hugh Bashcrn, Judge; 1. The remarks of the prosecuting attorney in his opening statement were improper and prejudicial. 2. The prosecuting witness was certainly impeached. Kirby’s Digest, § § 3138, 2382. 3. Instruction (C) alone was given, and the jury were not told to consider it with the others. Defendant was deprived of the benefit of a reasonable doubt. 20 Ark. 166; 66 Id. 449; 62 Id. 478; 74 Miss. 780; 73 Id. 873; 119 N. C. 793; 17 So. 456; 66 S. W. 184, 1101; 64 Id. 270, 965; 36 Id. 645. 4. For distinction between reasonable doubt and presumption of…

1Opinion of the CourtBattle, J.

Sam Snyder was indicted for unlawfully and feloniously carnally knowing and abusing Willie Burris, a female under the age of sixteen years, and was convicted, and his punishment was assessed at five years’ imprisonment in the penitentiary. He appealed to this court.

There is no bill of exceptions in the case. The stenographer’s report of the evidence is in the transcript, but it was not approved by the judge presiding at the trial of appellant, and is no part of the record. Section three of the act entitled “An act to provide a court stenographer for the Fifth Judicial District of Arkansas”…

2Cited by5 opinions

  1. Webb v. StateSupreme Court of Arkansas · 1922
  2. Jackson v. StateSupreme Court of Arkansas · 1909
  3. Rachels v. Stecher Cooperage WorksSupreme Court of Arkansas · 1910
  4. Horton v. JacksonSupreme Court of Arkansas · 1908
  5. Tharpe v. Western Union Telegraph Co.Supreme Court of Arkansas · 1910

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