Legal Opinion

Beene v. State

Supreme Court of Arkansas

Decided July 2, 1906PublishedCited by 4 opinions

Appeal from Union Circuit Court; Charles W. Smith, Judge; x. The record fails to show affirmatively that the appellant was present in court when the jury returned into court and delivered its verdict. The indictment being for a felony, he was entitled to be present when any step was to be taken affecting his life or liberty.

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Appeal from Union Circuit Court; Charles W. Smith, Judge; x. The record fails to show affirmatively that the appellant was present in court when the jury returned into court and delivered its verdict. The indictment being for a felony, he was entitled to be present when any step was to be taken affecting his life or liberty. Kirby’s Digest, § 2339; 5 Ark. 431; 10 Ark. 325; 19 Ark. 209; 24 Ark. 627; 44 Ark. 332; 50 Ark. 492; 62 Ark. 537; 66 'Ark. 208. 2. The third instruction was erroneous, its effect being to require the jury to find the absence of both premeditation and deliberation before…

1Opinion of the CourtBattle, J.

The grand jury of Union County, at the March, 1906, term of the Union Circuit Court, returned an indictment against Charlie Beene, accusing him of murder in the first degree. He pleaded not guilty, was tried, and found guilty as charged.

The evidence adduced in the trial before the jury, which supported the verdict, tended to prove, substantially, the following facts: The defendant and Susie Beene were husband and wife. They had many quarrels, and he frequently threatened to kill her. On or about the 14th day of December, 1905, in the evening about 7:3o o’clock, the defendant, wife and two…

2Cases cited1 opinion

  1. Cannon v. StateSupreme Court of Arkansas · 1895

3Cited by4 opinions

  1. Gilchrist v. StateSupreme Court of Arkansas · 1911
  2. Reed v. StateSupreme Court of Arkansas · 1912
  3. Jones v. StateSupreme Court of Arkansas · 1912
  4. Satterwhite v. StateSupreme Court of Arkansas · 1907

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