Cantrell v. State
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; STATEMENT BY THE COURT. Appellant was indicted at the November, 1914, term of the Crawf ord circuit court, charged with the crime of murder in the first degree, alleged to have been committed by shooting one Bose Mullens with a gun.
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Appeal from Crawford Circuit Court; James Cochran, Judge; STATEMENT BY THE COURT. Appellant was indicted at the November, 1914, term of the Crawf ord circuit court, charged with the crime of murder in the first degree, alleged to have been committed by shooting one Bose Mullens with a gun. The ■shooting occurred on August 18, 1914. Upon Ms trial appellant was convicted of murder in the second degree, and Ms punishment fixed at imprisonment in the peMtentiary for a period of six years and this appeal has been prosecuted from the judgment of the court sentencing -appellant in accordance…
1Opinion of the Court
Smith, J.,
(after stating the facts). (1) The court properly excluded the evidence of the statement of deceased that he was afraid appellant and his brother would return and finish him. But we think no'error was committed, under the circumstances, in admitting the evidence that deceased’s wife brought his pistol and laid it by his side. The proof on the part of the State was to the effect that deceased, not only did not fire any of the shots, but that he was unarmed, and the evidence that his pistol was brought to him after the shooting was over was competent to show that he was not armed…
2Cases cited3 opinions
- Dunn v. StateSupreme Court of Arkansas · 1840
- Chapline v. StateSupreme Court of Arkansas · 1906
- Cumnock v. StateSupreme Court of Arkansas · 1908
3Cited by15 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- McConahay v. StateSupreme Court of Arkansas · 1974
- Smithey v. StateSupreme Court of Arkansas · 1980
- Burns v. StateSupreme Court of Arkansas · 1922
- Freels v. StateSupreme Court of Arkansas · 1917
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