Legal Opinion

Forehand v. State

Supreme Court of Arkansas

Decided March 15, 1890PublishedCited by 13 opinions

APPEAL from Pope Circuit Court. J. E. Cravens, Judge. Appellant'was indicted for murder and convicted of manslaughter. He offered to testify that his wife had told him that deceased had tried to persuade her to poison him; also that she had told him of her adulterous connection with deceased. The court over his objection excluded this testimony.

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APPEAL from Pope Circuit Court. J. E. Cravens, Judge. Appellant'was indicted for murder and convicted of manslaughter. He offered to testify that his wife had told him that deceased had tried to persuade her to poison him; also that she had told him of her adulterous connection with deceased. The court over his objection excluded this testimony. A witness, Barton, testified that an hour or so before the killing deceased had on his person a gold watch, but that an hour or two after the killing a silver watch was the only one found on his person. To the introduction of this testimony defendant…

1Per curiam

The charge of the court is not open to the objections made by the appellant. The appellant’s rejected prayers for instructions were either covered by the charge or not accurate statements of the law applicable to the facts, and the court did not err in that regard.

If any of the rejected testimony offered by the appellant was admissible at all, it could only have been to aid in reducing his offense to manslaughter; but as he was convicted only of that offense, he was not prejudiced by the exclusion.

The testimony about the gold and silver watches was irrelevant and proved nothing. The…

2Cases cited1 opinion

  1. Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833

3Cited by13 opinions

  1. Bell v. StateSupreme Court of Arkansas · 1910
  2. Hollis v. ErwinSupreme Court of Arkansas · 1964
  3. Scott v. StateSupreme Court of Arkansas · 1905
  4. Dodson v. StateCourt of Criminal Appeals of Oklahoma · 1925
  5. Cook v. StateSupreme Court of Arkansas · 1922

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