Legal Opinion

Morris v. State

Supreme Court of Arkansas

Decided March 18, 1912PublishedCited by 5 opinions

Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. The refusal of a continuance operated as a denial of justice. 21 Ark. 460; 10 Id. 528 ; 71 Id. 182; 85 Id. 334. 2. The judgment should be reversed for improper testimony, remarks and proceedings before the jury. 69 Ark. 648; 23 Id. 121. 3. The closing argument of the State’s attorney was prejudicial and unfair. 75 Ark. 577; 77 Id. 19; 72 Id. 427; 95 Id. 233; 81 Id. 25; 77 Id. 238; 65 Id. 619; 74 Id. 298; 72 Id. 461; 63…

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Appeal from Pope Circuit Court; Hugh Basham, Judge; 1. The refusal of a continuance operated as a denial of justice. 21 Ark. 460; 10 Id. 528 ; 71 Id. 182; 85 Id. 334. 2. The judgment should be reversed for improper testimony, remarks and proceedings before the jury. 69 Ark. 648; 23 Id. 121. 3. The closing argument of the State’s attorney was prejudicial and unfair. 75 Ark. 577; 77 Id. 19; 72 Id. 427; 95 Id. 233; 81 Id. 25; 77 Id. 238; 65 Id. 619; 74 Id. 298; 72 Id. 461; 63 Id. 174; 74 Id. 210. 4. There was error in the court’s charge. 76 Ark. 226; 79 Id. 12; 76 Id. 599; Kirby’s Dig., § 2387.…

1Opinion of the CourtKirby, J.

The appellant was indicted for the crime of carnal abuse of one Ethel Luster, a female under the age of consent, convicted, and sentenced to two years’ imprisonment in the penitentiary. He has appealed from the judgment, and contends, first, that the court erred in refusing to grant him a continuance because of the absence of certain witnesses.

It appears from the statement of the testimony of the witnesses, as set out in the motion, that the testimony of one was incompetent, as tending to contradict and impeach the prosecuting witness on a collateral matter, the testimony of another was…

2Cases cited9 opinions

  1. Blackshare v. StateSupreme Court of Arkansas · 1910
  2. Davis v. StateSupreme Court of Arkansas · 1910
  3. Poe v. StateSupreme Court of Arkansas · 1910
  4. Miller v. StateSupreme Court of Arkansas · 1910
  5. Culbreath v. StateSupreme Court of Arkansas · 1910

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hamer v. StateSupreme Court of Arkansas · 1912
  2. Brickey v. StateSupreme Court of Arkansas · 1921
  3. Smedley v. StateSupreme Court of Arkansas · 1917
  4. Willis v. StateSupreme Court of Arkansas · 1947
  5. Alexander v. StateSupreme Court of Arkansas · 1917

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