Nash v. State
Supreme Court of Arkansas
Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. The court erred in excluding testimony of members of the grand jury to show that the finding of the indictment was concurred in by only eleven of their number.
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Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. The court erred in excluding testimony of members of the grand jury to show that the finding of the indictment was concurred in by only eleven of their number. Notwithstanding the former decision, appellant again presses this question, and urges that since it is a question purely of practice and of criminal procedure, the court is not bound by the rule of stare decisis. 10 Ark. 289. The statute definitely fixes the number of grand jurors who must concur in the finding of an indictment. Kirby’s Digest, § § 2223, 2224. The concurrence…
1Opinion of the CourtHiix, C. J.
This is an appeal from a second conviction of Martin Nash for murder in the first degree, the first conviction having been reversed by this court on December 24, 1904. The opinion may be .found in 73 Ark. 399 (Nash v. State). The facts of the killing of James C. Cross, Jr., by appellant are therein set forth, and substantially the same evidence was adduced on this trial.
1. The first error assigned by appellant is the refusal of the court to allow the appellant to introduce as witnesses members of the grand jury which found the indictment, in order to show by them that the finding of the…
2Cases cited1 opinion
- Nash v. StateSupreme Court of Arkansas · 1904
3Cited by3 opinions
- Morris v. StateSupreme Court of Arkansas · 1920
- People v. Brinkman, New York County Courts1953
- Whitted v. StateSupreme Court of Arkansas · 1933