Stewart v. State
Supreme Court of Arkansas
Appeal from Randolph. Circuit Court; J. B. Baker, Judge; 1. The court erred in refusing a continuance. The grounds set up the absence of witnesses whose testimony was material. There was an abuse of discretion by the trial court. 109 Ark. 407; 120 Id. 172. Threats has been made, and the testimony of the absent witnesses was material and vital.
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Appeal from Randolph. Circuit Court; J. B. Baker, Judge; 1. The court erred in refusing a continuance. The grounds set up the absence of witnesses whose testimony was material. There was an abuse of discretion by the trial court. 109 Ark. 407; 120 Id. 172. Threats has been made, and the testimony of the absent witnesses was material and vital. Ib. 2. Instruction No. 1, asked by appellant, stated the law and should have been given. 3. Instructions 2, 3 and 4 were the law and should have been given. They were in regard to threats, and correctly stated the law as ruled by this court. 79 Ark.…
1Opinion of the CourtHart, J.
Bill Stewart was indicted for the crime of murder in the first degree and convicted of voluntary manslaughter, his punishment being fixed by the jury at two years in the State penitentiary. From the judgment of conviction he has duly prosecuted an appeal to this court.
On the 13th clay of August, 1920, Bill Stewart, about eighteen years -of age, killed Hubert Wilcutt, about twenty years of age, by shooting him twice with a shotgun loaded with large-sized shot. The killing occurred in a field where both parties were at work at about 8 o ’clock in the morning in Randolph -County, Arkansas. Elmer…
2Cases cited5 opinions
- Allison v. StateSupreme Court of Arkansas · 1905
- Rhea v. StateSupreme Court of Arkansas · 1912
- Harper v. StateSupreme Court of Arkansas · 1906
- Snow v. StateSupreme Court of Arkansas · 1919
- Rider v. StateSupreme Court of Arkansas · 1919
3Cited by5 opinions
- Burns v. StateSupreme Court of Arkansas · 1922
- Lowmack v. StateSupreme Court of Arkansas · 1929
- Alford v. StateSupreme Court of Arkansas · 1923
- Adcock v. StateSupreme Court of Arkansas · 1929
- Sutton v. StateSupreme Court of Arkansas · 1933