Davis v. State
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; Dene H. Coleman, Judge; 1. The testimony of Kell and others as to statements made by Homer Davis when he was arrested, etc., were not admissible against appellant. 75 Ark. 297-8; 91 Id. 490; 88 Id. 451; 64 Id. 121; 45 Id. 171; 42 Id. 380; 34 Id. 654. 2. ' Homer Davis was, according to the theory of the State, an accomplice, and a conviction can not be had upon Ms testimony alone. 63 Ark. 461. The question is one of mixed law and fact. 51…
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Appeal from Lawrence Circuit Court; Dene H. Coleman, Judge; 1. The testimony of Kell and others as to statements made by Homer Davis when he was arrested, etc., were not admissible against appellant. 75 Ark. 297-8; 91 Id. 490; 88 Id. 451; 64 Id. 121; 45 Id. 171; 42 Id. 380; 34 Id. 654. 2. ' Homer Davis was, according to the theory of the State, an accomplice, and a conviction can not be had upon Ms testimony alone. 63 Ark. 461. The question is one of mixed law and fact. 51 Id. 115; 43 Id. 367; 63 Id. 462. An accomplice must be corroborated. 96 Id. 58; 59 Id. 430; 73 Id. 410. 3. Tbe evidence…
1Opinion of the CourtHumphreys, J.
Appellant was jointly indicted with his brother, Homer Davis, and separately tried and convicted for the murder of Charles Whittaker, in the Western District of Lawrence County, and adjudged and sentenced to life imprisonment in the penitentiary as a punishment therefor. From the judgment of conviction, an appeal has been duly prosecuted to this court. Appellant introduced no evidence. The history of the crime, according to the State’s evidence, is, m substance, as follows : Charles Whittaker borrowed a wagon from E. G. Eitchie, residing west of Homer Davis’ home, on the morning of December…
2Cases cited5 opinions
- Huffman v. StateSupreme Court of Alabama · 1856
- United States v. TaylorDistrict Court, D. Kansas · 1882
- State v. . GodwinSupreme Court of North Carolina · 1907
- State v. WilsonSupreme Court of Kansas · 1901
- Parker v. StateSupreme Court of Arkansas · 1917
3Cited by2 opinions
- Thomas v. StateSupreme Court of Arkansas · 1924
- Moore v. StateSupreme Court of Arkansas · 1922