King v. State
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. H. S. Carter, Special Judge. I. The testimony of Mrs. Ratliff and Frank Pyle as to •threats was admissible. 26 Am. Rep., 52; 57 Ind., 80. 2. It was error to permit Dr. Ruff to testify as to the exhuming of the body, without notice to appellant or his •counsel. Whart., Cr.
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APPEAL from Pope Circuit Court. H. S. Carter, Special Judge. I. The testimony of Mrs. Ratliff and Frank Pyle as to •threats was admissible. 26 Am. Rep., 52; 57 Ind., 80. 2. It was error to permit Dr. Ruff to testify as to the exhuming of the body, without notice to appellant or his •counsel. Whart., Cr. Ev., .secs. 421, 423, 3. The court erred in refusing defendant’s instruction No. 1. 52 Ark., 45 ; 49 id., 543, et seq. 4. ■ The fifth paragraph of the court’s charge is error. Review the instructions asked and refused, citing 49 Ark., 547; i Hale, P. C., 487; Cro. Car., 544; Mansf. Dig., 566 ;…
1Opinion of the CourtMansfield, J.
1 The appellant, King, was jointly indicted with Tom Brown for the murder of J. N. Jones. On a arate trial he was convicted of murder in the second degree and has appealed. The circumstances of the homicide are fully stated in the case of Brown v. State, decided at the present term. The theory of Brown’s defense was that Jones was killed while endeavoring in a violent manner to enter the dwelling house of Mrs. Ratliff for the purpose of assaulting him with a deadly weapon. He and King both shot the deceased from within the house and at the same moment. In this case, as in Brown’s, it was…
2Cited by6 opinions
- Kemp v. StateSupreme Court of Alabama · 1965
- Brockwell v. StateSupreme Court of Arkansas · 1976
- Bell v. StateSupreme Court of Arkansas · 1901
- Burton v. StateSupreme Court of Arkansas · 1907
- Brockwell v. StateSupreme Court of Arkansas · 1976
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