Carr v. State
Supreme Court of Arkansas
APPEAL from Howard Circuit Court. Hon. H. B. Stuabt, Circuit Judge. 1. It was improper to require defendant’s witnesses to answer whether they had not been indicted for this same crime. Anderson, v. State, 34 Ark., 257. This was not cured by the court directing the jury to exclude from their consideration and pay no attention to the fact that they had once been so indicted. 123 Mass., 222 ; 25 Am.
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APPEAL from Howard Circuit Court. Hon. H. B. Stuabt, Circuit Judge. 1. It was improper to require defendant’s witnesses to answer whether they had not been indicted for this same crime. Anderson, v. State, 34 Ark., 257. This was not cured by the court directing the jury to exclude from their consideration and pay no attention to the fact that they had once been so indicted. 123 Mass., 222 ; 25 Am. Ref., 85. 2. Evidence of what was said and done at the church the night before, was clearly admissible as part of the res gestae. 1 Bishof Cr. Pro., Seo. 1085. 3. By the laws of this State any…
1Opinion of the CourtSmith, J.
After the case of Carr et al v, State, reported in 42 Ark., 204, had been remanded to the Circuit Court, Carr elected to sever, was put upon trial, convicted of murder in the first degree and a second time sentenced to be hanged. The evidence amply justified the verdict, and the court successfully ran the gauntlet of passing upon twenty-six prayers for directions prepared by the energetic counsel for the prisoner.
1. e v i - dunce: ing witnessoí ment forfeiTwo of the defendant’s witnesses were required to answer . , _ «Til cross-examination if they had not once been indicted L J same murder.
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2Cases cited1 opinion
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
3Cited by49 opinions
- Slater v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Clark v. DavisSupreme Court of Minnesota · 1922
- Maxwell v. StephensDistrict Court, E.D. Arkansas · 1964
- McCrimmon v. MurrayMontana Supreme Court · 1911
- Thompson v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1935
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