McElroy v. State
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Fred McElroy was convicted of murder in the second degree in the Grant Circuit Court, upon an indictment charging him with killing Henry Spears, and sentenced to a term of twenty-one years in the penitentiary. His motion for a new trial was overruled, and he appealed.
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Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Fred McElroy was convicted of murder in the second degree in the Grant Circuit Court, upon an indictment charging him with killing Henry Spears, and sentenced to a term of twenty-one years in the penitentiary. His motion for a new trial was overruled, and he appealed. No exceptions were saved to the action of the trial court in its admission of testimony, or in the giving or the refusing of instructions, and only the question of the sufficiency of the evidence to support the verdict is presented to this court. It…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The testimony is set out at some length, the sufficiency of the evidence being the question here, and shows that the murder of Henry Spears was a foul assassination. The evidence tending to connect the defendant with the crime was the threats testified to by Nicholls and Fenter to have been made by him shortly before the killing, and the statement made by witness Hensley Crossland on his second appearance before the grand jury, as testified to by three members of the grand jury, contradicting his explanation and recital of it. The motive attempted to be…
2Cases cited7 opinions
- State v. DavisIdaho Supreme Court · 1898
- State v. GlahnSupreme Court of Missouri · 1888
- Commonwealth v. FarrellSupreme Court of Pennsylvania · 1898
- Baker v. StateCourt of Criminal Appeals of Texas · 1903
- Nichols v. CommonwealthCourt of Appeals of Kentucky · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Davidson v. StateSupreme Court of Arkansas · 1913
- Minor v. StateSupreme Court of Arkansas · 1924