Legal Opinion

Phillips v. State

Supreme Court of Arkansas

Decided February 29, 1896PublishedCited by 8 opinions

Appeal from Arkansas Circuit Court. James S. Thomas, Judge. 1. The court erred in allowing irrelevant, improper, remote, and indefinite testimony to go to the jury, which was prejudicial. 45 Ark. 539; 52 id. 303. 2. It was error to permit the jury to be in possession of the motion for a continuance, thus enabling them to compare the signatures to the motion and to the letter introduced in evidence. 29 Ark. 248. 3. It was error not to discharge the jury on account of…

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Appeal from Arkansas Circuit Court. James S. Thomas, Judge. 1. The court erred in allowing irrelevant, improper, remote, and indefinite testimony to go to the jury, which was prejudicial. 45 Ark. 539; 52 id. 303. 2. It was error to permit the jury to be in possession of the motion for a continuance, thus enabling them to compare the signatures to the motion and to the letter introduced in evidence. 29 Ark. 248. 3. It was error not to discharge the jury on account of prejudice of the juror Bass; and also in refusing to allow defendant to prove the charges preferred against said juror. The rule…

1Opinion of the CourtBunn, C. J.

The appellant was indicted, tried and convicted in the Arkansas circuit court of the crime of murder in the first degree, at its November term, 1895, and appealed to this court.

The testimony as to the facts and occurrences immediately connected with the homicide shows that the defendant, some time in the forenoon of the 29th day of June, 1891, in a field near the farm house of W. P. Porter, in Arkansas county, shot and killed Martha Phillips, his wife, in the manner and under the circumstances detailed by the witnesses present, as follows. Porter, the owner of the plantation, testified…

2Cases cited4 opinions

  1. Palmore v. StateSupreme Court of Arkansas · 1874
  2. Casat v. StateSupreme Court of Arkansas · 1883
  3. Carroll v. StateSupreme Court of Arkansas · 1885
  4. Meyer v. StateSupreme Court of Arkansas · 1857

3Cited by8 opinions

  1. Roberts v. StateSupreme Court of Georgia · 1905
  2. McElroy v. StateSupreme Court of Arkansas · 1911
  3. Prewitt v. StateSupreme Court of Arkansas · 1921
  4. Prairie Creek Coal Mining Co. v. KittrellSupreme Court of Arkansas · 1912
  5. McGraw v. StateSupreme Court of Arkansas · 1931

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