Hale v. State
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Archie House, Judge; 1. The court erred in refusing the change of venue and in its rulings as to the qualifications of jurors for cause. A juror who has formed any -opinion on the case is prima facie incompetent.
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Appeal from Perry Circuit Court; Archie House, Judge; 1. The court erred in refusing the change of venue and in its rulings as to the qualifications of jurors for cause. A juror who has formed any -opinion on the case is prima facie incompetent. The jurors should have been rejected on defendant’s challenge for cause. 56 Ark. 381; 113 Id. 301; 102 Id. 181.. 2. It was error to permit witness Joe Wyatt to testify, as the testimony showed he was mentally unbalanced and did not know the nature of an oath. The witness, W. J. Stone, should have been allowed to answer questions as to threats made. It…
1Opinion of the CourtMcCulloch, C. J.
The indictment against appellant charged the crime of murder in the first degree in the killing of Birdie Wyatt, but he was convicted of murder in the second degree, -and his punishment was fixed at twenty-one years in the penitentiary. Appellant filed a petition for -change of venue, accompanied by the supporting affidavits of F. C. Taylor and G. L. Loucks, but 'on the examination of Loucks it was developed that he was not a qualified elector of the county, which left only Taylor as a supporting affiant. The statute provides that a change of venue in a criminal case can only be ordered when…
2Cases cited2 opinions
- McGough v. StateSupreme Court of Arkansas · 1914
- Whitehead v. StateSupreme Court of Arkansas · 1915
3Cited by4 opinions
- Arkansas State Highway Commission v. DuffSupreme Court of Arkansas · 1969
- Daniels v. StateSupreme Court of Arkansas · 1930
- Pope v. StateSupreme Court of Arkansas · 1926
- Buchanan v. StateSupreme Court of Arkansas · 1948