Nash v. State
Supreme Court of Arkansas
Appeal from Desha Circuit Court, Watson District. Antonio B. Grace, Judge. The court erred in setting aside the indictment for manslaughter and referring the case to the grand jury of the February term, 1903, in the absence of the defendant. 71 Ark. 47; 24 Ark. 620; 10 Ark. 318; s Ark. 431; Sand. & H. Dig. § 2067; So Ark. 542. The court erred in refusing to allow the defendant to introduce evidence to show that the indictment was concurred in by only eleven grand jurors. 4…
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Appeal from Desha Circuit Court, Watson District. Antonio B. Grace, Judge. The court erred in setting aside the indictment for manslaughter and referring the case to the grand jury of the February term, 1903, in the absence of the defendant. 71 Ark. 47; 24 Ark. 620; 10 Ark. 318; s Ark. 431; Sand. & H. Dig. § 2067; So Ark. 542. The court erred in refusing to allow the defendant to introduce evidence to show that the indictment was concurred in by only eleven grand jurors. 4 Greenleaf (Me.), 380; Sand. & H. Dig. § § 2054, 2070; 36 Me. 128; 14 Pac. 768; 6 Abb. N. Cas. 33; 53 Ala. 481; Greenleaf,…
1Opinion of the CourtBattue, J.
During the August terra, 1902, of the Desha Circuit Court for the Western District of Desha County, the grand jury returned against Martin Nash an indictment for manslaughter, alleging that he, on the 20th of June, 1902, in said district and county, and in this State, unlawfully, wrongfully, feloniously, and upon a sudden heat of passion, killed James Cross, Jr., by shooting him with a shotgun, etc.
At the next February term, the said court referred the charge to the grand jury of that term, and they returned against appellant an indictment for murder in the first degree, alleging that he, in…
2Cases cited5 opinions
- State v. FassetSupreme Court of Connecticut · 1844
- State v. MewherterSupreme Court of Iowa · 1877
- Gitchell v. PeopleIllinois Supreme Court · 1893
- State v. GibbsSupreme Court of Iowa · 1874
- Ex parte JohnsonSupreme Court of Arkansas · 1902
3Cited by15 opinions
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- Tanner v. StateSupreme Court of Georgia · 1926
- United States v. HauptCourt of Appeals for the Seventh Circuit · 1945
- Collins v. StateSupreme Court of Arkansas · 1940
- Kerker v. Superior CourtCourt of Criminal Appeals of Oklahoma · 1927
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