Legal Opinion

Pickett v. State

Supreme Court of Arkansas

Decided October 4, 1909PublishedCited by 9 opinions

Appeal from Union Circuit Court; George W. Hays, Judge; 1. This case falls within the exception to the rule against disturbing the verdict of a jury.

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Appeal from Union Circuit Court; George W. Hays, Judge; 1. This case falls within the exception to the rule against disturbing the verdict of a jury. Even where there is a conflict in the evidence, this court will direct a new trial, where the verdict is so clearly and palpably against the weight of it as to shock the sense of justice. 34 Ark. 639. The verdict against Wilson Pickett inflicting the highest punishment is conclusive evidence that the jury were swayed by prejudice or passion. The evidence does not connect him with the crime. As to Plenry Pickett, it is clear that he was being…

1Opinion of the CourtHart, J.

The appellants, Henry Pickett and Wilson Pickett, were indicted in the Calhoun Circuit Court for murder in the first degree, committed by killing Charles Abbott, and on change of venue to Union County they were tried and convicted of murder in the second degree. Their sentence was fixed at a period of 21 years in the State Penitentiary. An appeal has been duly prosecuted to this court.

The evidence on the part of the State is correctly abstracted by the Attorney General as follows: On the 8th day of December, 1908, Henry Pickett went to the store of Bunk Abbott, and told him that he had a bale…

2Cases cited8 opinions

  1. Stevenson v. United StatesSupreme Court of the United States · 1896
  2. Wallace v. United StatesSupreme Court of the United States · 1896
  3. Allison v. StateSupreme Court of Arkansas · 1905
  4. Smith v. StateSupreme Court of Arkansas · 1894
  5. Frazier v. StateSupreme Court of Arkansas · 1892

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

3Cited by9 opinions

  1. King v. StateSupreme Court of Arkansas · 1915
  2. Arnold v. StateSupreme Court of Arkansas · 1929
  3. Hall v. StateSupreme Court of Arkansas · 1967
  4. Gilchrist v. StateSupreme Court of Arkansas · 1966
  5. Mills v. StateSupreme Court of Arkansas · 1925

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

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