Adkisson v. State
Supreme Court of Arkansas
Appeal from •Cleburne Circuit Court; J. M. SKiwn, Judge; 1. Tbe continuance should have been granted. Defendant had used all diligence to get Rice ’s testimony and failed without his fault. His testimony was important to the defense, and material. 2. It was error to overrule the motion for change of venue. Kirby’s Digest, § § 2317-18; 68 Ark. 466. 3. The verdict is not supported by the evidence but is against the clear preponderance.
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Appeal from •Cleburne Circuit Court; J. M. SKiwn, Judge; 1. Tbe continuance should have been granted. Defendant had used all diligence to get Rice ’s testimony and failed without his fault. His testimony was important to the defense, and material. 2. It was error to overrule the motion for change of venue. Kirby’s Digest, § § 2317-18; 68 Ark. 466. 3. The verdict is not supported by the evidence but is against the clear preponderance. Adkisson v. State, ante, p. 15. 4. The prosecuting attorney’s remarks were prejudicial and the court erred in its instructions to the jury. See eases cited in…
1Opinion of the CourtHumphreys, J.
Appellant was indicted by the Cleburne Circuit Court jointly with Bliss Adkisson and Hardy Adkisson for the crime of murder in the first degree for killing Porter Hazelwood on the 10th day of July, 1918. It appears from the transcript that at the following spring or March term of the court a motion for change of venue was filed, in manner and form required by law, which was granted, and the cause transferred to the Boone Circuit Court for trial; that, on the same day, by an agreement between the State and appellant, the order granting the change of venue to the Boone Circuit Court was set…
2Cases cited6 opinions
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Evans v. RudySupreme Court of Arkansas · 1879
- Empire Carbon Works v. Barker & Co.Supreme Court of Arkansas · 1917
- Quertermous v. StateSupreme Court of Arkansas · 1914
- Ward v. WorthingtonSupreme Court of Arkansas · 1878
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3Cited by4 opinions
- Housley v. StateSupreme Court of Arkansas · 1920
- Hale v. Road Improvement District No. 1Supreme Court of Arkansas · 1921
- Kesterson v. StateSupreme Court of Arkansas · 1935
- London v. KennedySupreme Court of Arkansas · 1929