Benton v. State
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. Prisoner should have been present when his case was set for trial below. Bishop’s Crim. Pro., 265-9,270, and cases cited; Henry v. State, 33 Ala., 389; Hall v. State, 40 ib., 698-705 ; Kelly v. State, 3 Sm. and Mar., 518-28; Prim v. Com., 6 Harris, (Tenn.,) 103 ; Hamilton v. Com., 4 ib., 129; Hooker v. Com., 13 Grat., 763; 2d Leading Crim.
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APPEAL from Pulaski Circuit Court. Hon. John J. Clendenin, Circuit Judge. Prisoner should have been present when his case was set for trial below. Bishop’s Crim. Pro., 265-9,270, and cases cited; Henry v. State, 33 Ala., 389; Hall v. State, 40 ib., 698-705 ; Kelly v. State, 3 Sm. and Mar., 518-28; Prim v. Com., 6 Harris, (Tenn.,) 103 ; Hamilton v. Com., 4 ib., 129; Hooker v. Com., 13 Grat., 763; 2d Leading Crim. Ca., 451, et seq.; Sneed v. State, 5 Ark., 431; Osburne v. State, 24 Ark., 635; Sioeeden v. State, 19 Ark., 205; as in ease of a motion for a new trial; 1 Bishop Crim. Pro., 277 and…
1Opinion of the Court
English, Ch. J.:
John Benton was tried on an indictment for murder, in the Pulaski Circuit Court, found guilty of murder in the first degree, by the jury, a motion for a new trial was overruled, and he was sentenced to suffer the penalty of death. An appeal was allowed by the Chief Justice, on account of probable errors appearing in the transcript of the record.
The nine causes assigned in the motion for a new trial will be disposed of in the order in which they appear in the motion.
First — That the defendant was not personally present when his case was set for trial, being then confined in the…
2Cited by47 opinions
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- State v. AdamsSupreme Court of Kansas · 1878
- Starr v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Shular v. StateIndiana Supreme Court · 1886
- State v. MortensenUtah Supreme Court · 1903
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