Payne v. State
Supreme Court of Arkansas
Appeal from Lee Circuit Court. Hance N. Hutton, Judge. The evidence does not justify the verdict. It was error for the court to refuse to allow the witness, Roach, to be impeached by the written minutes of the proceedings in the examining court. 10 L. R. A. 696. Where the jury is allowed to separate, the burden is on the state to show that they were not improperly influenced. 40 Ai'k. 454, 471. Appellant was not prejudiced by the court’s refusal to admit the minutes of…
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Appeal from Lee Circuit Court. Hance N. Hutton, Judge. The evidence does not justify the verdict. It was error for the court to refuse to allow the witness, Roach, to be impeached by the written minutes of the proceedings in the examining court. 10 L. R. A. 696. Where the jury is allowed to separate, the burden is on the state to show that they were not improperly influenced. 40 Ai'k. 454, 471. Appellant was not prejudiced by the court’s refusal to admit the minutes of Roach’s testimony. A juror cannot be used to impeach his own verdict. 13 Ark. 317; 15 Ark. 403; 29 Ark. 293; 35 Ark. 109; 59…
1Opinion of the CourtWood, J.
This is an appeal from a conviction of murder in the second degree. The first, second and third grounds of the motion for new trial are that the verdict was contrary to the law and the evidence. No objection is urged to the charge of the court. There is some conflict in the evidence as to particular circumstances of the fatal rencounter, but we are convinced, from a careful reading of the evidence as set forth in the transcript, that it is legally sufficient to support a verdict for murder in the second degree, and no useful purpose can be accomplished by setting it out and discussing the…
2Cases cited2 opinions
- Dolan v. StateSupreme Court of Arkansas · 1883
- Shackelford v. StateSupreme Court of Arkansas · 1878
3Cited by10 opinions
- Petty v. StateSupreme Court of Arkansas · 1905
- Koch v. StateWisconsin Supreme Court · 1906
- Caughron v. StateSupreme Court of Arkansas · 1911
- Myers v. StateSupreme Court of Arkansas · 1914
- Bennett v. StateSupreme Court of Arkansas · 1907
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