Plumley v. State
Supreme Court of Arkansas
Appeal from Cohombia Circuit Court; G. W. Smith, Judge; STATEMENT BY THE COURT. A. J. Plumley was indicted for the crime of murder in the first degree in Columbia County for the killing of Ms son-in-law, Bynum Martin, and upon trial was convicted of murder in the second degree, and from the judgment he appealed.
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Appeal from Cohombia Circuit Court; G. W. Smith, Judge; STATEMENT BY THE COURT. A. J. Plumley was indicted for the crime of murder in the first degree in Columbia County for the killing of Ms son-in-law, Bynum Martin, and upon trial was convicted of murder in the second degree, and from the judgment he appealed. The facts are substantially: Bynum Martin was killed by being ¡shot with a shotgun on the 3d day of October, 1913, in front of the house of Witt Perkinson in Columbia County, Arkansas. The killing occurred just about dark or shortly thereafter. Perkinson, who was at the supper table,…
1Opinion of the Court
'Kirby, J.,
(after stating the'facts). (1) It is contended that the court erred in admitting the testimony of the exclamation made by the deceased after he was shot and in giving each of said instructions. Appellant insists that the testimony of Witt Perkinson, admitted over his objections, that deceased exclaimed immediately after he was shot, “Oh! oh! Witt, he shot me for nothing,” was incompetent and highly prejudicial. We do not agree with this contention. The exclamation was part of- the res gestae, and it wtas necessary to make this proof to fully and correctly set out the facts of the…
2Cases cited3 opinions
- Carr v. StateSupreme Court of Arkansas · 1884
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- Byrd v. StateSupreme Court of Arkansas · 1901
3Cited by4 opinions
- Stevens v. StateSupreme Court of Arkansas · 1915
- Combs v. StateSupreme Court of Arkansas · 1924
- Hornsby v. StateSupreme Court of Arkansas · 1924
- Smith v. StateSupreme Court of Arkansas · 1919