Burton v. State
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. At the August term, 1906, of the Clark Circuit 'Court the grand jury returned an indictment against one Tom Burton for the crime of murder in the second degree. At the January-term, 1907, he went to trial under a plea of not guilty, was convicted and sentenced tó six years’ imprisonment in the penitentiary. The appellant admitted that he killed one L,. D. Crews.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. At the August term, 1906, of the Clark Circuit 'Court the grand jury returned an indictment against one Tom Burton for the crime of murder in the second degree. At the January-term, 1907, he went to trial under a plea of not guilty, was convicted and sentenced tó six years’ imprisonment in the penitentiary. The appellant admitted that he killed one L,. D. Crews. He was the only witness present when the killing occurred, and his testimony as to what took place at the time of the killing is as follows: “I called…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The confession ,of error must be sustained.
In Palmore v. State, 29 Ark. 248, this court said: “Threats are admissible when they tend to explain or palliate the conduct oc the accused. They are circumstantial facts which are -a part of the res gestae whenever they are sufficiently connected with the acts and conduct of the parties as to cast light -on that darkest of all subjects, the motives of the human heart.” This doctrine has been often announced by this court. Harper v. State, 79 Ark. 594; Long v. State, 76 Ark. 495; Long v. State, 72 Ark. 427; Bell v.…
2Cases cited5 opinions
- Palmore v. StateSupreme Court of Arkansas · 1874
- Brown v. StateSupreme Court of Arkansas · 1892
- Harper v. StateSupreme Court of Arkansas · 1906
- King v. StateSupreme Court of Arkansas · 1892
- Long v. StateSupreme Court of Arkansas · 1904
3Cited by5 opinions
- Brockwell v. StateSupreme Court of Arkansas · 1976
- Cook v. StateSupreme Court of Arkansas · 1924
- Rogers v. StateSupreme Court of Arkansas · 1922
- Brockwell v. StateSupreme Court of Arkansas · 1976
- Howell v. Howell Stevens v. StevensSupreme Court of Arkansas · 1948