Marsh v. State
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; The court erred in admitting Sheriff Plant’s testimony and in addressing the remarks to the prosecuting attorney in the presence of the jury during the cross-examination of it. M. Clayton; also in admitting the evidence of H. B. Rogers. This was extremely prejudicial to appellant. Without this evidence a verdict of “not guilty” would certainly have been the result.
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Appeal from White Circuit Court; J. M. Jackson, Judge; The court erred in admitting Sheriff Plant’s testimony and in addressing the remarks to the prosecuting attorney in the presence of the jury during the cross-examination of it. M. Clayton; also in admitting the evidence of H. B. Rogers. This was extremely prejudicial to appellant. Without this evidence a verdict of “not guilty” would certainly have been the result. There was no competent testimony to support a verdict of guilty,- and the court really should have instructed a verdict for defendant in both cases. There was no testimony that…
1Opinion of the CourtHumphreys, J.
These appeals are from judgments of conviction of appellant in the "White Circuit Court for the illegal sale of whiskey. The cases being against the same party and of the same general character, one opinion will suffice in both cases. The first conviction was obtained in case No. 2463 upon an indictment charging-appellant with a sale of whiskey to Eiley L. Castleberry, and the second upon an indictment charging him with a sale to Harve Hall. As a punishment in each case, appellant was sentenced- to serve one year in the penitentiary. In the first case, or case numbered 2463, attorney for…
2Cited by7 opinions
- Nichols v. StateCourt of Criminal Appeals of Texas · 1924
- Ridenour v. StateSupreme Court of Arkansas · 1931
- Canada v. StateSupreme Court of Arkansas · 1925
- Starr v. StateSupreme Court of Arkansas · 1924
- Wilson v. NugentSupreme Court of Arkansas · 1927
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