Legal Opinion

Brock v. State

Supreme Court of Arkansas

Decided November 27, 1911PublishedCited by 7 opinions

Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. On the night, of November Í9, 1910, between 9 and 10 o’clock, Dave Brock killed James Parsons in Jackson County, Arkansas, by shooting him with a pistol, and Brock was convicted on sufficient indictment of the crime of murder in the first degree, and appeals to this court. Brock was indebted to Parsons in the sum of six dollars, and went to Parsons’s home, and called him out of bed.

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Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. On the night, of November Í9, 1910, between 9 and 10 o’clock, Dave Brock killed James Parsons in Jackson County, Arkansas, by shooting him with a pistol, and Brock was convicted on sufficient indictment of the crime of murder in the first degree, and appeals to this court. Brock was indebted to Parsons in the sum of six dollars, and went to Parsons’s home, and called him out of bed. Parsons went out in the yard to where Brock was; They were stooping down counting the money when Parsons said to Brock: “That’s…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The argument of the attorneys was to the effect that Brock and Allgood had entered into a conspiracy to kill Parsons. This argument was based on the testimony of the witness Humphreys. The testimony of Humphreys was incompetent. Appellant had not been charged with entering into a conspiracy with Allgood to kill Parsons, nor had there been any proof of such conspiracy. In the absence of such allegation or proof, it was collateral to the issue and wholly incompetent for the State to attempt to prove by witness Humphreys that Allgood told him he was present…

2Cases cited2 opinions

  1. McAlister v. StateSupreme Court of Arkansas · 1911
  2. Cogburn v. StateSupreme Court of Arkansas · 1905

3Cited by7 opinions

  1. Wilson v. StateSupreme Court of Arkansas · 1916
  2. Johnson v. StateSupreme Court of Arkansas · 1915
  3. Crawford v. StateSupreme Court of Arkansas · 1918
  4. Lisko v. UhrenSupreme Court of Arkansas · 1917
  5. Reynolds v. StateSupreme Court of Arkansas · 1932

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