Smith v. State
Supreme Court of Arkansas
Appeal from Benton Circuit Court. Edward S. McDaniel, Judge. 1. The affidavits of jurors, under our statute, are not admissible to impeach their verdict.
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Appeal from Benton Circuit Court. Edward S. McDaniel, Judge. 1. The affidavits of jurors, under our statute, are not admissible to impeach their verdict. Thompson on Trials, secs. 117, 2557. 2. The record fails to show that the accused employed the means provided by law for ascertaining whether the juror has formed an opinion or not. 40 Ark. 515. 3. Instructions as to the higher grades of homicide did not prejudice appellant, as he was found guilty of the lower degree. 54 Ark. 4. 4. The evidence sustains the verdict.
1Opinion of the CourtBattle, J.
Bud Smith was indicted for voluntary manslaughter, committed by killing John Boyd at Sulphur Springs, in Benton county, in October, 1892. “The evidence adduced at his trial tended to show that the deceased was drinking, and that as he came out of a saloon he gave a ‘whoop.’ Sharp, the town marshal, and Poindexter, his deputy, came to where he was, and asked who did the hallooing. The deceased replied that it was he, and they arrested him, and a scuffle ensued, in which the deceased succeeded ‘in getting loose.’ ” When he had freed himself from the hands of the officers, he immediately…
2Cases cited2 opinions
- Thomas v. KinkeadSupreme Court of Arkansas · 1892
- Wilder v. StateSupreme Court of Arkansas · 1874
3Cited by32 opinions
- Pendergrass v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1950
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Turner v. StateSupreme Court of Arkansas · 1975
- Magness v. StateSupreme Court of Arkansas · 1899
- Strahan v. WebbSupreme Court of Arkansas · 1959
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