Oliver v. State
Supreme Court of Arkansas
Appeal from 'Calhoun Circuit Court; Charles W. Smith, Judge; 1. Upon the showing made by the .appellant that the sheriff was a prosecutor of and prejudiced against the appellant, and was giving all the aid and assistance within his power to the prosecution in an effort to secure his conviction, his motion alleging these facts being duly sworn to by him, said motion to discharge the venire and said sheriff and to appoint a special sheriff ought to have been sustained.
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Appeal from 'Calhoun Circuit Court; Charles W. Smith, Judge; 1. Upon the showing made by the .appellant that the sheriff was a prosecutor of and prejudiced against the appellant, and was giving all the aid and assistance within his power to the prosecution in an effort to secure his conviction, his motion alleging these facts being duly sworn to by him, said motion to discharge the venire and said sheriff and to appoint a special sheriff ought to have been sustained. Kirby’s .Digest, § 2350; 91 Ark. 581. 2. It was prejudicial error to permit the State to introduce the pocket knife sent to the…
1Opinion of the CourtMcCulloch, C. J.
Appellant was convicted under an indictment charging him with the crime of burglary by entering the store house of one D. E. Speer M the town of Tinsman, in Calhoun County. The evidence tends to show that the crime was committed jointly by appellant and Bruce Harper and Albert Earnest. Harper confessed and entered a plea of guilty, and the State relies upon his testimony mainly for the conviction of the other two parties accused of complicity in the crime. Earnest wais convicted and on his appeal we reversed the judgment on the ground that the testimony’of the accomplice, Harper, was not…
2Cases cited1 opinion
- Holt v. StateSupreme Court of Arkansas · 1909
3Cited by2 opinions
- Wald v. StateSupreme Court of Arkansas · 1931
- Roberts v. StateSupreme Court of Arkansas · 1928