McCoy v. State
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. Hon. G-. S. Cunningham, Circuit Judge. First — The court erred in permitting the cross-examination of defendant as a witness, and the evidence of Tom Osborne, for the purpose of contradicting McCoy, and proving him guilty of an entirely different crime, viz.: accessory after'the fact, to go to the jury. It was not only improper, but highly prejudicial to defendant. 2 Ark., 229; 37 ib., 261; 39 ib., 278; 1 Dish. Or.
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APPEAL from Pope Circuit Court. Hon. G-. S. Cunningham, Circuit Judge. First — The court erred in permitting the cross-examination of defendant as a witness, and the evidence of Tom Osborne, for the purpose of contradicting McCoy, and proving him guilty of an entirely different crime, viz.: accessory after'the fact, to go to the jury. It was not only improper, but highly prejudicial to defendant. 2 Ark., 229; 37 ib., 261; 39 ib., 278; 1 Dish. Or. Pro., sec. 1120 to-1129; 38 Ark., 221; J¡S ib., 367. All evidence tending to prove him guilty of being an accessory after the fact w.as irrelevant…
1Opinion of the CourtSmith, J.
1. Criminal' Pleading: Former acquittal. McCoy, Bookout and Osborne, were jointly indicted for the murder of William McAllister. McCoy pleaded a former acquittal; but his plea was adjudged bad upon demurrer. The plea and the record evidence offered to sustain it, show that the offense of which he was formerly acquitted, was an assault with intent to kill, committed upon Mary McAllister, the wife of the deceased. The theory of the plea is, that the- conflict, in which Mc-Allister was killed and his wife wounded, was one and the-same transaction, for which two separate indictments were…
2Cases cited6 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Kelly v. JacksonSupreme Court of the United States · 1832
- Brandon v. . the PeopleNew York Court of Appeals · 1870
- Laber v. CooperSupreme Court of the United States · 1869
- State v. OwenSupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Rhea v. StateSupreme Court of Arkansas · 1912
- Holder v. StateSupreme Court of Arkansas · 1894
- Davidson v. StateSupreme Court of Arkansas · 1913
- State v. LarkinSupreme Court of Missouri · 1913
- Poe v. StateSupreme Court of Arkansas · 1910
18 more not listed; retrieve them via the Exa API.