Legal Opinion

Turner v. State

Supreme Court of Arkansas

Decided November 15, 1915PublishedCited by 2 opinions

Appeal from Callioun Circuit Court; Chas. W. Smith, Judge; STATEMENT BY THE COURT. Appellant was” convicted of -manslaughter under an indictment regularly charging him with the murder of Joe Hunter 'by shooting him with a pistol, ¡and from the judgment brings this .appeal. It appears -from the testimony that appellant on the night before the hilling, in the town of Tinsman, was severely beaten in a fight.

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Appeal from Callioun Circuit Court; Chas. W. Smith, Judge; STATEMENT BY THE COURT. Appellant was” convicted of -manslaughter under an indictment regularly charging him with the murder of Joe Hunter 'by shooting him with a pistol, ¡and from the judgment brings this .appeal. It appears -from the testimony that appellant on the night before the hilling, in the town of Tinsman, was severely beaten in a fight. The town marshal, Wallingford, Johnson, the deputy sheriff, Joe Hunter, and another man assaulted him. The next morning Collin Turner, brother of .appellant, came -down town inquiring about…

1Opinion of the Court

Kirby, J.,

(¡after stating ¡the facts). (1) It is contended, first, that the court erred in refusing the continuance. A -continuance w-as granted, however, upon the first request therefor, from the special to the regular term of court -and the cause set down for trial the first day and the record does not disclose the exercise of -sufficient diligence by the appellant in procuring the attendance of the absent witnesses for the trial upon the day set, to warrant the court in continuing the cause further, because of their absence, and there was no abuse of discretion in the court’s denial of the…

2Cases cited2 opinions

  1. Cantrell v. StateSupreme Court of Arkansas · 1915
  2. Hunter v. StateSupreme Court of Arkansas · 1912

3Cited by2 opinions

  1. Turner v. StateSupreme Court of Arkansas · 1917
  2. Woolbright v. StateSupreme Court of Arkansas · 1916

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