Legal Opinion

McGough v. State

Supreme Court of Arkansas

Decided June 1, 1914PublishedCited by 22 opinions

Appeal from Drew Circuit Court; James R. Gotham, Special Judge; STATEMENT BY THE COURT. Marvin McGough appealed from a conviction for manslaughter in the Drew County Circuit Court, on an indictment for murder in the first degree, alleged to have been committed by killing one Guy Ferguson with a gun.

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Appeal from Drew Circuit Court; James R. Gotham, Special Judge; STATEMENT BY THE COURT. Marvin McGough appealed from a conviction for manslaughter in the Drew County Circuit Court, on an indictment for murder in the first degree, alleged to have been committed by killing one Guy Ferguson with a gun. Upon the trial one A. J. Wells was examined touch- ■ ing his qualifications as a juror, and after having been asked various questions by both tbe prosecuting attorney and tbe attorney for the defendant, the court was evidently in doubt about the qualifications of this juror, and thereupon the…

1Opinion of the Court

Smith, J.,

(after stating the facts). We think the jurors, Wells and Henry, were disqualified, because of the state of their feelings toward the appellant, as shown by the answers given by them upon their examination by the court. Numerous cases have discussed the competency of jurors, and the.effect of these oases is that the entertainment of preconceived opinions'about the merits of a criminal case renders a juror prima facie incompetent. But, if it is shown that the opinion was founded on rumor, and is not of a nature to influence his verdict, this disqualification is removed. Sneed v.…

2Cases cited4 opinions

  1. Sneed v. StateSupreme Court of Arkansas · 1886
  2. Roberts v. StateSupreme Court of Arkansas · 1910
  3. Williams v. StateSupreme Court of Arkansas · 1897
  4. Decker v. StateSupreme Court of Arkansas · 1908

3Cited by22 opinions

  1. Dewein v. StateSupreme Court of Arkansas · 1914
  2. Nail v. StateSupreme Court of Arkansas · 1959
  3. Trammell v. StateSupreme Court of Arkansas · 1936
  4. Spear v. StateSupreme Court of Arkansas · 1931
  5. Arnold v. StateSupreme Court of Arkansas · 1929

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