Markham v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James ■8. Steel, Judge; 1. • The court erred in refusing appellants’ prayers for instructions. The court’s instruction was equivalent to a direction of a verdict.
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Appeal from Pike Circuit Court; James ■8. Steel, Judge; 1. • The court erred in refusing appellants’ prayers for instructions. The court’s instruction was equivalent to a direction of a verdict. It is error for a court in its charge to ignore the bearing which certain facts have on the issues involved. 14 E. C. L. 794. Accused is entitled to have his instructions given in his own language if they correctly propound the law applicable. 14 E. C. L. 806. 2. Argument of prosecuting attorney was a reference to 1 his failure of the defendant to testify. 10 E. O. L. 888; 83 Miss. 488; 89 Ark. 391.…
1Opinion of the CourtWood, J.
The appellants were separately indicted at the March term of the Pike County Circuit Court for the crime of manufacturing and being interested in the manufacture of intoxicating liquors. The cases were consolidated for trial.
J. E. Chaney testified that he was the sheriff of Pike County, and was acquainted with the appellants. Some time in February, 1921, he discovered a still near Franklin’s sawmill, about three hundred and fifty yards from Perry Franklin’s house. He saw five persons coming away from the still on Thursday, and on Friday he again saw five persons at the still, among whom were…
2Cases cited10 opinions
- Davidson v. StateSupreme Court of Arkansas · 1913
- Blackshare v. StateSupreme Court of Arkansas · 1910
- Davis v. StateSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- Hoff v. StateMississippi Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bridgman v. StateSupreme Court of Arkansas · 1926
- McDonald v. StateSupreme Court of Arkansas · 1923
- Leonard v. StateSupreme Court of Arkansas · 1972
- Ferrell v. StateSupreme Court of Arkansas · 1928
- Davis v. StateSupreme Court of Arkansas · 1927
4 more not listed; retrieve them via the Exa API.