Legal Opinion

Caughron v. State

Supreme Court of Arkansas

Decided June 26, 1911PublishedCited by 13 opinions

Appeal from Polk Circuit Court; James S. Steel, Judge; x. Juror Plamilton should not have been excused by the court. 76 Ark. 84; Kirby’s Digest, § 2360. 2. Defendant should not have been required to testify before the coroner’s jury without first being informed of his right to decline to so testify and thereby be given an opportunity to elect. His evidence under the conditions could not be subject to impeachment.

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Appeal from Polk Circuit Court; James S. Steel, Judge; x. Juror Plamilton should not have been excused by the court. 76 Ark. 84; Kirby’s Digest, § 2360. 2. Defendant should not have been required to testify before the coroner’s jury without first being informed of his right to decline to so testify and thereby be given an opportunity to elect. His evidence under the conditions could not be subject to impeachment. Kirby’s Digest, § 3088. 3. The written statements of witnesses before the coroner’s jury were at least quasi records. They would be primary proof, and until their loss was…

1Opinion of the CourtMcCulloch, C. J.

Appellant, A. J. Caughron, was indicted by the grand jury of Montgomery County for the crime of murder in the first degree for killing one Allen Stacy, and he obtained a change of venue to Polk County, where he was tried at the October term, 1910, of the court, and convicted of that degree of homicide. The trial was concluded on Friday, October 28, 1910, and he filed a motion for a new trial on October 29, which the court on that day overruled. He asked for time in which to present and file a bill of exceptions, but the court refused to grant it. On that day the court was adjourned without…

2Cases cited11 opinions

  1. Harding v. StateSupreme Court of Arkansas · 1910
  2. Mabry v. StateSupreme Court of Arkansas · 1888
  3. Petty v. StateSupreme Court of Arkansas · 1905
  4. Cogburn v. StateSupreme Court of Arkansas · 1905
  5. York v. StateSupreme Court of Arkansas · 1909

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

3Cited by13 opinions

  1. Schlegel v. StateIndiana Supreme Court · 1958
  2. McPherson v. Camden Fire Ins. Co.Texas Commission of Appeals · 1920
  3. Bruder v. StateSupreme Court of Arkansas · 1913
  4. Tiner v. StateSupreme Court of Arkansas · 1913
  5. Missouri Pacific Railroad Co. v. RileySupreme Court of Arkansas · 1932

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