Teel v. State
Supreme Court of Arkansas
Appeal from Bandolph Circuit Court, J. B. Baker, Judge; 1. The court erred in its instruction as to “reasonable doubt. ’ ’ 95 Ark. 107. 2. The indictment was barred. It was error to give instruction No. 2. Kirby’s Digest, <§, 2105. 3. Appellant should have been allowed to impeach the witness. Kirby’s Digest, § 3138; 121 Ark. 53. 4. Laughery was not a competent person. 1. There is no error in the instruction as to reasonable doubt. 95 Ark. 107; 62 Mich. 329; 14 Cent.
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Appeal from Bandolph Circuit Court, J. B. Baker, Judge; 1. The court erred in its instruction as to “reasonable doubt. ’ ’ 95 Ark. 107. 2. The indictment was barred. It was error to give instruction No. 2. Kirby’s Digest, <§, 2105. 3. Appellant should have been allowed to impeach the witness. Kirby’s Digest, § 3138; 121 Ark. 53. 4. Laughery was not a competent person. 1. There is no error in the instruction as to reasonable doubt. 95 Ark. 107; 62 Mich. 329; 14 Cent. Law Journ. 447; 29 Fed. 503; 97 Ala. 37; 50 Id. 108; lb. 104; 83 Ga. 44; 43 La. Ann. 995; 100 N. Y. 503; 25 Ore. 242. 2. There…
1Opinion of the CourtSmith, J.
Appellant was convicted of the crime of incest, alleged to have been committed by having sexual intercourse with Mary Chesser, his cousin.- At the trial, the court gave an instruction numbered 1, in which, among other things, the jury was told:
“But before you would be justified in acquitting the defendant on the grounds of a reasonable doubt you must have a doubt of his guilt growing out of- the testimony, or it should arise from a lack of testimony and it must be reasonable, that is, it must be a doubt for which the jury can assign a reason and not a doubt arising from mere caprice or…
2Cases cited3 opinions
- James v. StateSupreme Court of Arkansas · 1900
- Bennett v. StateSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Ry. Co. v. HairstonSupreme Court of Arkansas · 1916
3Cited by13 opinions
- Walker v. StateSupreme Court of Arkansas · 1919
- Whittaker v. StateSupreme Court of Arkansas · 1927
- Camp v. StateSupreme Court of Arkansas · 1986
- Charles v. StateSupreme Court of Arkansas · 1939
- Simmons v. StateSupreme Court of Arkansas · 1931
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