Hammers v. State

I was somewhat amazed when counsel for appellant suggested de novo review in oral argument before this court, even though he knew of no authority for such an approach in a criminal case. Amazement turned to shock when the court accorded appellant that type of review, also without authority for that sort of action.. Passing upon the credibility of the witnesses, as the majority has done, is also without precedent.

In viewing the matter it is necessary that we first consider the holding on the first appeal. It is capsuled in the following excerpt from the opinion in Hammers v. State, 261 Ark.…