McNamara v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Dea, Judge. 1. The jury failed to find the degree of murder. Sand. & H. Dig. sec. 2255 ; 26 Ark. 328 ; lb. 534; 34 id. 649-652; 58 Ark. 239; 2 Thomp. Trials, 2633 ; 57 Ark. 267-9; 1 Bish. Cr. Pr. sec. 1005 a. 2. It was error to refuse instruction No. 6 asked by defendant. 34 Ark. 341; 54 id. 284. 3. It was error to admit the evidence of Wait and Guilfoil because (1) no proper foundation laid.
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Appeal from Pulaski Circuit Court. Robert J. Dea, Judge. 1. The jury failed to find the degree of murder. Sand. & H. Dig. sec. 2255 ; 26 Ark. 328 ; lb. 534; 34 id. 649-652; 58 Ark. 239; 2 Thomp. Trials, 2633 ; 57 Ark. 267-9; 1 Bish. Cr. Pr. sec. 1005 a. 2. It was error to refuse instruction No. 6 asked by defendant. 34 Ark. 341; 54 id. 284. 3. It was error to admit the evidence of Wait and Guilfoil because (1) no proper foundation laid. (58 Ark. 369 ; lb. 372); and (2) because incompetent. The defendant neither cross-examined them, nor was he represented by counsel. 29 Ark. 22 ; 33 id. 539 ;…
1Opinion of the Court
Wood J.,
Appellant was indicted for the crime of murder in the first degree. He was convicted of murder in the second degree, and sentenced to imprisonment for twenty-one years in the State penitentiary. His appeal presents the following questions :
1. Power of court to amend record. 1. The clerk’s entry upon the record of the verdict of the jury, as of the day when it was returned into court, was as follows: “We, the jury, find the defendant guilty as charged in the indictment, and assess the punishment at twenty-one years’ imprisonment in the State penitentiary. Francis H. Conway, Foreman.”…
2Cases cited3 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Wood v. StateSupreme Court of Arkansas · 1879
- Brassfield v. StateSupreme Court of Arkansas · 1892
3Cited by14 opinions
- Hawkins v. United StatesCourt of Criminal Appeals of Oklahoma · 1910
- Edwards v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Rogers v. StateSupreme Court of Arkansas · 1918
- State v. Von KleinOregon Supreme Court · 1914
- Poe v. StateSupreme Court of Arkansas · 1910
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