Legal Opinion

Rogers v. State

Supreme Court of Arkansas

Decided October 28, 1918PublishedCited by 26 opinions

Appeal from Pulaski Circuit Court, First Division; John W. W.ade, Judge; STATEMENT OE EACTS. Defendant was indicted in proper form for the crime of mnrder in the first degree in killing a certain infant whose real name, it is alleged, “is unknown to these grand jurors.” He was convicted of murder in the second degree and sentenced to ten years’ imprisonment in the State penitentiary, and duly prosecutes this appeal.

Read the full summary

Appeal from Pulaski Circuit Court, First Division; John W. W.ade, Judge; STATEMENT OE EACTS. Defendant was indicted in proper form for the crime of mnrder in the first degree in killing a certain infant whose real name, it is alleged, “is unknown to these grand jurors.” He was convicted of murder in the second degree and sentenced to ten years’ imprisonment in the State penitentiary, and duly prosecutes this appeal. The testimony shows that on Sunday morning in May, 1917, in Pulaski County, Arkansas, the dead body of an infant was found in the back water of Fourche Creek. An inquest was held…

1Opinion of the Court

Wood, J.,

(after stating the facts). 1. The appellant contends that the evidence is insufficient to sustain the verdict, and that in passing on this issue the court must consider the testimony of witness, Elizabeth Mosley, in the light of an accomplice. The fact that Elizabeth Mosley was suspected, arrested and bound over to .await the action of the grand jury on such charge does not tend to show that she was an accomplice. Hence the ■court did not err in excluding testimony to that effect. It is stated by the appellant that Elizabeth Mosley was never indicted for the offense, and there was…

2Cases cited27 opinions

  1. Allison v. StateSupreme Court of Arkansas · 1905
  2. Bell v. StateSupreme Court of Arkansas · 1915
  3. Dewein v. StateSupreme Court of Arkansas · 1914
  4. Ringer v. StateSupreme Court of Arkansas · 1905
  5. King v. StateSupreme Court of Arkansas · 1915

22 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Caton v. StateSupreme Court of Arkansas · 1972
  2. Clark v. StateSupreme Court of Arkansas · 1925
  3. Middleton v. StateSupreme Court of Arkansas · 1924
  4. Satterfield v. StateSupreme Court of Arkansas · 1968
  5. Russey v. StateSupreme Court of Arkansas · 1975

21 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API