Legal Opinion

Adkisson v. State

Supreme Court of Arkansas

Decided January 26, 1920PublishedCited by 6 opinions

Appeal from Cleburne Circuit Court; J. M. Shinn, Judge; 1. It was error to refuse the continuance. The court abused its discretion in so doing. 60 Arle. 567; 99 Id. 400; 71 Id. 180; 100 Id. 311; 110 Id. 251. 2. It was not proper for the court to usurp the province of the jury in passing on the credibility of the witnesses. 99 Ark. 394; 110 Id. 256. 3. Immaterial and prejudicial evidence was admitted and instruction No. 23 was error. 93 Ark. 410; Wharton on Cr.

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Appeal from Cleburne Circuit Court; J. M. Shinn, Judge; 1. It was error to refuse the continuance. The court abused its discretion in so doing. 60 Arle. 567; 99 Id. 400; 71 Id. 180; 100 Id. 311; 110 Id. 251. 2. It was not proper for the court to usurp the province of the jury in passing on the credibility of the witnesses. 99 Ark. 394; 110 Id. 256. 3. Immaterial and prejudicial evidence was admitted and instruction No. 23 was error. 93 Ark. 410; Wharton on Cr. Law, § § 622-5, 633. 4. It was error to refuse the challenges to jurors for cause and thus force defendant to exhaust his peremptory…

1Opinion of the CourtSmith, J.

Appellant has assigned and discussed a number of errors, said to be prejudicial, occurring at the trial from which this appeal is prosecuted, and which resulted in a sentence of eighteen years in the penitentiary, upon a conviction for murder in the second degree.

The first of these assignments is that the trial occurred in an atmosphere of prejudice occasioned by the admission of testimony tending to show that appellant and members of his family who were indicted with him were disoyal, and that appellant was himself an evader of the draft. The testimony complained of was elicited, however, by…

2Cases cited2 opinions

  1. Cravens v. StateSupreme Court of Arkansas · 1910
  2. Hall v. StateSupreme Court of Arkansas · 1897

3Cited by6 opinions

  1. Bethel and Wallace v. StateSupreme Court of Arkansas · 1929
  2. Brown v. StateSupreme Court of Arkansas · 1925
  3. Lewis v. StateSupreme Court of Arkansas · 1925
  4. Jackson v. StateSupreme Court of Arkansas · 1944
  5. Sutton v. StateSupreme Court of Arkansas · 1924

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