Hickey v. State

I concur in the denial of the petition for rehearing only because the trial judge overruled a specific and proper objection to the prejudicial evidence. The presumption that a trial judge considers only competent evidence is only a presumption which is overcome when there is an indication that the trial judge did give some consideration to inadmissible evidence. See Mason v. Morel, 234 Ark. 660, 354 S.W. 2d 19, cited by the state. In the context in which this objection and ruling were made, the usual presumption should not be applicable.

I am authorized to state that Mr. Justice Hickman joins…