Legal Opinion

Shaeffer v. State

Supreme Court of Arkansas

Decided November 2, 1895PublishedCited by 19 opinions

Appeal from White Circuit Court. H. N. Hutton, Judge. I. It was error to refuse the continuance. Const. Ark, art. 2, sec. 10; Sand. & H. Dig. sec. 5797; 50 Ark. 165, 167; 60 Ark. 577. 2. The evidence of the mother to show the imbecility of another son is admissible as corroborative evidence. 20 S. W. 750. 3. It was error to exclude evidence as to appellant’s power to control his actions, if he knew right from wrong as to the particular act with which he is charged. 60 Am.

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Appeal from White Circuit Court. H. N. Hutton, Judge. I. It was error to refuse the continuance. Const. Ark, art. 2, sec. 10; Sand. & H. Dig. sec. 5797; 50 Ark. 165, 167; 60 Ark. 577. 2. The evidence of the mother to show the imbecility of another son is admissible as corroborative evidence. 20 S. W. 750. 3. It was error to exclude evidence as to appellant’s power to control his actions, if he knew right from wrong as to the particular act with which he is charged. 60 Am. Rep. 210; 16 id. 408; 1 S. W. 729; 50 Ark. 518. ft. Instruction two asked was a proper one. 49 Ark. 516. The refusal was…

1Opinion of the CourtBaTTeE, J.

Houston Raley and Barry Shaeffer were jointly indicted for burglary. They were charged with breaking open the store house of B. C. Black, in the night time, with the intent “unlawfully, willfully, maliciously, feloniously and burglariously to steal-, take, and carry away” goods, wares and merchandise-of B. C. Black, of the value of fifteen dollars. They were tried separately, and Shaeffer was convicted.

Evidence held competent to prove insanity.

1. One of Shaeffer’s defenses was that he was laboring under such a defect of mind as not to know the nature and quality of the act with which he was…

2Cases cited1 opinion

  1. People v. GarbuttMichigan Supreme Court · 1868

3Cited by19 opinions

  1. Puryear v. PuryearSupreme Court of Arkansas · 1936
  2. Byrd v. StateSupreme Court of Arkansas · 1905
  3. Little v. StateSupreme Court of Arkansas · 1977
  4. Dewein v. StateSupreme Court of Arkansas · 1915
  5. Green v. StateSupreme Court of Arkansas · 1898

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