Sheptine v. State
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Thomas C. Trimble, Judge; 1. The continuance should have been granted. The refusal was an abuse of discretion by the court. 42 Ark. 273. 2. The opening statements of the prosecuting attorney were highly prejudicial. 88 Ark. 581; 71 Id. 417; 66 Id. 16. 3. The demurrer to the evidence should have been sustained.
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Appeal from Monroe Circuit Court; Thomas C. Trimble, Judge; 1. The continuance should have been granted. The refusal was an abuse of discretion by the court. 42 Ark. 273. 2. The opening statements of the prosecuting attorney were highly prejudicial. 88 Ark. 581; 71 Id. 417; 66 Id. 16. 3. The demurrer to the evidence should have been sustained. It does not sustain the verdict. 4. It was error to permit John Davis.to remain in' the court room. 101 Ark. 156; 180 S. W. 275; 39 Id. 278. It was error to permit evidence as to Mack Powell’s hogs. The withdrawal did not cure the error. 39 Ark. 278.…
1Opinion of the CourtHart, J.
W. H. Sheptine prosecutes this appeal to reverse a judgment of conviction against him for the crime of grand larceny, charged to have.been committed by stealing eleven hogs belonging to John Davis.(1) It is first insisted by counsel for the defendant that the court erred in overruling his motion for a continuance on account of the absence of witnesses. No showing was made of proper diligence exercised to secure the attendance of the absent witnesses and the court did not abuse its discretion in refusing to grant a continuance on that account. Hamer v. State, 104 Ark. 606; Jackson v. State, 94…
2Cases cited4 opinions
- Coats v. StateSupreme Court of Arkansas · 1911
- Jackson v. StateSupreme Court of Arkansas · 1910
- Hamer v. StateSupreme Court of Arkansas · 1912
- Bevis v. StateSupreme Court of Arkansas · 1909
3Cited by6 opinions
- Thomas v. StateSupreme Court of Arkansas · 1924
- Prins v. American Trust CompanySupreme Court of Arkansas · 1925
- Burford v. StateSupreme Court of Arkansas · 1967
- Bowman v. StateSupreme Court of Arkansas · 1948
- Smith v. StateSupreme Court of Arkansas · 1923
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