Legal Opinion

Bloomer v. State

Supreme Court of Arkansas

Decided May 6, 1905PublishedCited by 14 opinions

Appeal from Ashley Circuit Court. Zachariah T. Wood, Judge. The testimony of Mrs. Gee was improperly admitted. 69 Ark. 468; 64 Ark. 123. A person under arrest is not called upon to deny a criminal charge, and no admissions will be implied from silence. 32 Ala. 560; 13 Allen. 570; 1 Sm. & M. 560; 12 R. I. 557. Evidence of good character of deceased was not admissible. 2 Bish. Cr. Pro. § 612; 53 Am.

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Appeal from Ashley Circuit Court. Zachariah T. Wood, Judge. The testimony of Mrs. Gee was improperly admitted. 69 Ark. 468; 64 Ark. 123. A person under arrest is not called upon to deny a criminal charge, and no admissions will be implied from silence. 32 Ala. 560; 13 Allen. 570; 1 Sm. & M. 560; 12 R. I. 557. Evidence of good character of deceased was not admissible. 2 Bish. Cr. Pro. § 612; 53 Am. St. 705. The testimony of Mrs. Rogers was incompetent.- 38 Ark. 221, 498; 45 Ark. 165; 39 Ark. 278. Evidence of the defendant’s throwing the pistol away was admissible. Whar. Cr. Ev. 544; Underhill,…

1Opinion of the CourtRiddick, J.

This is an appeal from a judgment of the Ashley Circuit Court convicting the defendant, Rum Bloomer, of murder in the second degree and sentencing him to confinement in the State penitentiary for the period of five years'.

The facts, .briefly stated, are that Lum Bloomer, a boy seventeen years old, went on a Sunday to the house of a neighbor, and there took several drinks of whisky. He afterward became engaged in a friendly altercation with one Adams, and Adams seized his hat and ran down the road with it. Bloomer ran after him, and drew his pistol, and fired it off, though Bloomer testified…

2Cases cited2 opinions

  1. Bob v. StateSupreme Court of Alabama · 1858
  2. Ben v. StateSupreme Court of Alabama · 1861

3Cited by14 opinions

  1. Walker v. StateSupreme Court of Arkansas · 1965
  2. Mode v. StateSupreme Court of Arkansas · 1961
  3. Maloney v. StateSupreme Court of Arkansas · 1909
  4. Kelley v. StateSupreme Court of Arkansas · 1920
  5. Gamboa v. StateCourt of Criminal Appeals of Texas · 1972

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