Rowland v. State
Supreme Court of Arkansas
APPEAL from Perry Circuit Court. Hon. J. B. Wood, Circuit Judge. 1. Neither upon the theory of a conspiracy—wholly unproved, if one existed—or upon that of appellant being an accessory, nor yet as part of the res gestee, was the testimony of Armstrong, or as to his acts or declarations after the killing, competent evidence against appellant. Whart. Cr.
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APPEAL from Perry Circuit Court. Hon. J. B. Wood, Circuit Judge. 1. Neither upon the theory of a conspiracy—wholly unproved, if one existed—or upon that of appellant being an accessory, nor yet as part of the res gestee, was the testimony of Armstrong, or as to his acts or declarations after the killing, competent evidence against appellant. Whart. Cr. Ev. 699; 1 G. Ev. 108-11, if Ed; 55 N. Y., 563 ; ff Pal. 113; 33 N. H. 216; 30 Vt, 1O0 ; 123 Mass., ffi; 13 Allen, 5J0 ; 10 Neb.t 393 ; 58 Ala., 391. 2. Appellant shows the broadest opportunity for the verdict to have been influenced by the…
1Opinion of the CourtCockrill, C. J.
The appellant was indicted for murder in the first degree, committed, as was charged, by lying in wait and shooting T. J. Ferguson. The proof adduced against him at the trial was circumstantial wholly. The theory of the prosecution was that the fatal shot had been fired by one Armstrong, who was not indicted however, and that the appellant was present as an abettor. Three days after Ferguson was first missed, his body was found upon an unfrequented road with a bullet hole through a vital part. Armstrong was with the searching party that found the body. His remarks and conduct on that occasion…
2Cases cited4 opinions
- People v. StanleyCalifornia Supreme Court · 1873
- Priest v. StateNebraska Supreme Court · 1880
- People v. BearssCalifornia Supreme Court · 1858
- Gore v. StateSupreme Court of Alabama · 1877
3Cited by4 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Wiley v. StateSupreme Court of Arkansas · 1909
- People v. StetzAppellate Division of the Supreme Court of the State of New York · 1923
- Caton v. StateSupreme Court of Arkansas · 1972