Collier v. State
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. Hon. Felix I. Batson, Circuit Judge. Though the statute, authorizing special terms to try criminals in jail, does not, in express terms, require notice to be given to defendants, still we conceive it to be a right guarantied by the spirit, if not the letter, of the constitution: without notice, he could not have his witnesses ready,, or take steps to procure them until brought into Court.
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Appeal from Johnson Circuit Court. Hon. Felix I. Batson, Circuit Judge. Though the statute, authorizing special terms to try criminals in jail, does not, in express terms, require notice to be given to defendants, still we conceive it to be a right guarantied by the spirit, if not the letter, of the constitution: without notice, he could not have his witnesses ready,, or take steps to procure them until brought into Court. See Du,nn vs. State, 2 Ark. 229. The dying declarations had, when made, been reduced to writing, and signed by the deceased, with the view of being evidence, and the…
1Opinion of the CourtChief Justice English
The appellant, Wilson W. Collier, was tried and convicted of murder in the second degree, in the Johnson Circuit Court, and sentenced to the penitentiary for seven years. Pending the trial he excepted to a number of decisions made by the Court, and, after verdict, moved for a new trial, incorporating in the motion some of the exceptions, previously taken by him, as grounds for a new trial, and omitting others. According to a well established rule of practice, such of the previous exceptions as were not incorporated in the motion for a new trial, must be regarded as having been waived. The…
2Cases cited1 opinion
- Dunn v. StateSupreme Court of Arkansas · 1840
3Cited by15 opinions
- State v. GlassNorth Dakota Supreme Court · 1915
- Cooper v. CarrMichigan Supreme Court · 1910
- Morris v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Commonwealth v. Wong ChungMassachusetts Supreme Judicial Court · 1904
- Keese v. StateSupreme Court of Arkansas · 1954
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