Brown v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Hon. Liberty Bartlett, Circuit Judge. I. The record does not show that the prisoner was present in court, personally, at the time the writ of venire facias for the trial of this case was issued. Pig. sec. 166, p. 416; Sweedm vs. The State, 19 Ark., 205; 4 Bl. Com., 318; 1 Oh, Or. L., 337; Wwrem vs. The State, 19 Ark,, 214. II.
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Appeal from Pulaski Circuit Court. Hon. Liberty Bartlett, Circuit Judge. I. The record does not show that the prisoner was present in court, personally, at the time the writ of venire facias for the trial of this case was issued. Pig. sec. 166, p. 416; Sweedm vs. The State, 19 Ark., 205; 4 Bl. Com., 318; 1 Oh, Or. L., 337; Wwrem vs. The State, 19 Ark,, 214. II. The court erred in refusing to permit Greer, the accomplice and co-defendant in the indictment, who was discharged therefrom by the entry of nol. pros., to be sworn upon his voir dire. The right to swear a witness upon his voir dire…
1Opinion of the CourtJustice Compton
Simpson Brown — a colored person — was convicted, in the ' Pulaski circuit court, of murder in the first degree, and sentenced to be hanged. He moved for a new trial, which was overruled, aud the case now comes before the court for consideration.
It is insisted by the counsel for .the accused, that the court below erred in refusing to permit the witness, Washington Greer, who was an accomplice, to be sworn upon his voir dire. That the party against whom a witness is called, is entitled ,to have him put on his voir dire, in order to show his incompetency, is not denied. The correct practice,…
2Cases cited3 opinions
- Styles v. GrayTexas Supreme Court · 1853
- Fowler v. LeeSupreme Court of Virginia · 1815
- Carnal v. PeopleNew York Supreme Court · 1851
3Cited by18 opinions
- Bell v. StateSupreme Court of Arkansas · 1988
- The People v. McGraneIllinois Supreme Court · 1929
- Commonwealth Ex Rel. Milewski v. AsheSupreme Court of Pennsylvania · 1950
- Bond v. StateSupreme Court of Arkansas · 1897
- Whittaker v. StateSupreme Court of Arkansas · 1927
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