Darden v. State
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District. George M. Chapline, Judge. The accused must be present at every substantive step in the proceedings after indictment for felony. 62 Ark. 516, 537; 5 Ark. 431; 44 Ark. 331; 50 Ark. 492. This right can not be waived by counsel. 24 Ark. 635; lb. 629; 62 Ark. 537; 50 Ark. 492. The court erred in giving instruction No. 1, upon the presumption of malice from the use of a deadly weapon.
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Appeal from Prairie Circuit Court, Southern District. George M. Chapline, Judge. The accused must be present at every substantive step in the proceedings after indictment for felony. 62 Ark. 516, 537; 5 Ark. 431; 44 Ark. 331; 50 Ark. 492. This right can not be waived by counsel. 24 Ark. 635; lb. 629; 62 Ark. 537; 50 Ark. 492. The court erred in giving instruction No. 1, upon the presumption of malice from the use of a deadly weapon. Sand. & H. Dig. § 1642; 35 Ark. 601; 36 Ark. 133; 38 Ark. 285; 16 Ark. 628; 15 Ark. 492; 12 Ark. 421; 11 Ark. 212; 36 Ark. 133; 56 Ark. 17; 9 Am. & Eng. Enc. Daw,…
1Opinion of the CourtBattle, J.
During the February term, 1904, of the Lonoke Circuit Court, an indictment for murder in the first degree was found by the grand jury against J. W. Darden, charging him with unlawfully, feloniously, with malice aforethought, with deliberation and “meditation,” killing and murdering J. H. Harvey, in Lonoke County, in this State, on the 19th of October, 1903, by shooting him with a gun loaded with bullets. The venue was changed to the Southern District of the county of Prairie, where he was arraigned, pleaded not guilty, was tried, convicted of murder in the second degree, and condemned to be…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Bond v. StateSupreme Court of Arkansas · 1897
- Gore v. StateSupreme Court of Arkansas · 1889
3Cited by35 opinions
- State v. SorrentinoWyoming Supreme Court · 1924
- Davidson v. StateSupreme Court of Arkansas · 1913
- Bruder v. StateSupreme Court of Arkansas · 1913
- Ware v. StateSupreme Court of Arkansas · 1909
- State v. JacksonSupreme Court of Minnesota · 1936
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