Atkins v. State
Supreme Court of Arkansas
Appeal from Union Circuit Court. Hon. TiioMAs Iíubbaed, Circuit Judge. 1. The court should bayo sustained Atkins’ motion to be discharged, for the court discharged the jury without absolute or inevitable necessity. 3 Phill. on Ev. 953, a/nd cases there cited j Commonwealth vs. Coove, 6 Serg. & Ramie 577/ 10 Yerger 536 / Stewart vs. State, 13 Arh. 747/ Sevens vs. State, 6 Eng. 455. 2. The court erred in setting aside for cause the jurors on account of being merely opposed to…
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Appeal from Union Circuit Court. Hon. TiioMAs Iíubbaed, Circuit Judge. 1. The court should bayo sustained Atkins’ motion to be discharged, for the court discharged the jury without absolute or inevitable necessity. 3 Phill. on Ev. 953, a/nd cases there cited j Commonwealth vs. Coove, 6 Serg. & Ramie 577/ 10 Yerger 536 / Stewart vs. State, 13 Arh. 747/ Sevens vs. State, 6 Eng. 455. 2. The court erred in setting aside for cause the jurors on account of being merely opposed to capital punishment, contrary to statutory and common law. Secs. 158, 161, chap. 52, Digest / Wheaton’s Am. Grim. Law…
1Opinion of the CourtChief Justice English
At the April term of the Columbia Circuit Court, 1853, No-, bert W. Atkins was indicted for the murder of Thomas "Wicker. The venue was afterwards changed to the Union Circuit Court, where the defendant was tried, convicted of manslaughter, sentenced to the Penitentiary for three years and one month, and appealed to this court.
The questions of law reserved for the decision of this court, will be taken.-up in the order in which they are presented of record, and have been argued by counsel.
1. At the term at which the indictment was found, the defen-» dant was arraigned, pleaded not guilty, and…
2Cases cited14 opinions
- United States v. PerezSupreme Court of the United States · 1824
- People v. GoodwinNew York Supreme Court · 1820
- Weinzorpflin v. StateIndiana Supreme Court · 1844
- Ned v. StateSupreme Court of Alabama · 1838
- Commonwealth v. ClueSupreme Court of Pennsylvania · 1831
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3Cited by46 opinions
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- Ex Parte LewisCourt of Criminal Appeals of Texas · 2007
- John A. Spinkellink, 1 v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1978
- Grigsby v. MabryDistrict Court, E.D. Arkansas · 1983
- Rector v. StateSupreme Court of Arkansas · 1983
41 more not listed; retrieve them via the Exa API.