Cooper v. State
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; G. W. Smith, Judge; 1. The record of the calling of the term of court was not sufficient. The record was incomplete and failed to comply with Kirby’s Digest, 1532, and the rule in 2 Ark. 230. 2. The court should have given instruction “B” for defendant and it was not proper to permit the letter written to Mr. Fultz to be introduced in evidence. Defendant did not write it nor did he know what was in it and it was irrelevant.
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Appeal from Ouachita Circuit Court; G. W. Smith, Judge; 1. The record of the calling of the term of court was not sufficient. The record was incomplete and failed to comply with Kirby’s Digest, 1532, and the rule in 2 Ark. 230. 2. The court should have given instruction “B” for defendant and it was not proper to permit the letter written to Mr. Fultz to be introduced in evidence. Defendant did not write it nor did he know what was in it and it was irrelevant. Nor should the letters, exhibit C, and the one to Hazel Jones, have been admitted. The remarks of the prosecuting attorney and the…
1Opinion of the CourtSmith, J.
Appellant was convicted of murder in the first degree, and has prosecuted this appeal. He was indicted, tried and convicted at a special term of the circuit court, and as a ground of reversal insists that the court was not legally convened. On the morning the cause was called for trial an examination of the record of the court disclosed the fact that the judge’s signature did not appear at the end of the order calling the court. The proclamation of the judge convening the special term was in proper form, and this proclamation was spread at large upon the record of the court except that it…
2Cases cited3 opinions
- Conrand v. StateSupreme Court of Arkansas · 1898
- Grayson v. StateSupreme Court of Arkansas · 1909
- Reece v. StateSupreme Court of Arkansas · 1915
3Cited by13 opinions
- Adams v. StateSupreme Court of Arkansas · 1928
- Payne v. StateSupreme Court of Arkansas · 1928
- Wacaster v. StateSupreme Court of Arkansas · 1927
- Garrett v. StateSupreme Court of Arkansas · 1926
- Barton v. StateSupreme Court of Arkansas · 1927
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