Felker v. State
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court, Ozark District. Hugh F. Thomason, Judge. 1. It was error to refuse to permit appellant to prove that Dain had rejected the “test” of the sound of the guns.
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APPEAL from Franklin Circuit Court, Ozark District. Hugh F. Thomason, Judge. 1. It was error to refuse to permit appellant to prove that Dain had rejected the “test” of the sound of the guns. This was a relevant circumstance as affecting both the animus and credibility of the prosecuting witness. 2. The court erred in remarking ‘‘that a man charged with crime has no right to manufacture evidence in his own-favor.” 51 Ark., 147. 3. It was error to allow the State to cross-examine Dain for the purpose of showing that the proposed “test” was not made in good faith. 43 Ark., 104. 4. Proof of an…
1Opinion of the CourtHemingway, J.
The appellant was tried and convicted of an assault with intent to murder one B. W. Dain, and prosecutes this appeal to reverse the judgment upon the verdict.
1. Amendment of record in defen dan t’s absence. 1. It is insisted on behalf of the appellant that it does not appear from the record that the indictment upon which he was tried was returned into court by the grand jury. There was no entry of record showing the return of the indictment. It bears the clerk’s indorsement that it was “Filed in open court on the 22d of February, 1890.” No point was raised as to the manner in which it was…
2Cases cited1 opinion
- State v. LynchOregon Supreme Court · 1891
3Cited by14 opinions
- State v. ThomasSupreme Court of Louisiana · 1910
- State v. RodriguezNevada Supreme Court · 1909
- Broaddus v. CommonwealthSupreme Court of Virginia · 1919
- State v. HagerWest Virginia Supreme Court · 1901
- Bunch v. StateSupreme Court of Florida · 1909
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