Scott v. State
Supreme Court of Arkansas
APPEAL from Dre-w Circuit Court. C. D. Wood, Judge 1. The orders, judgments, etc., of justices are required bylaw to be kept in a docket. Mansf. Dig., sec. 4.032. They are quasi-records, and can only be proven by the docket itself, or a certified copy. 2 Phil. Ev., ch. p, sec. 1, pp. 1‡1-2. Secondary evidence cannot be used where primary can be had. 1 Gr. Ev., secs, pip, pj2; Wharton Cr.
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APPEAL from Dre-w Circuit Court. C. D. Wood, Judge 1. The orders, judgments, etc., of justices are required bylaw to be kept in a docket. Mansf. Dig., sec. 4.032. They are quasi-records, and can only be proven by the docket itself, or a certified copy. 2 Phil. Ev., ch. p, sec. 1, pp. 1‡1-2. Secondary evidence cannot be used where primary can be had. 1 Gr. Ev., secs, pip, pj2; Wharton Cr. Law, vol. 2, secs. 6pg, 661; Phillips Ev., vol. 1, pp. 19-20. 2. The indictment having charged that the assault was. made with intent to kill Primus Bannister, it was necessary for the State to prove it, and…
1Opinion of the CourtSmith, J.
On the trial of this indictment the defendant offered one Burton as a witness. The State objected to his being sworn, alleging that he had previously' been convicted of petit larceny before a justice of the peace. The trial was stayed, and a subpoena duces tecum issued for the justice, who came, but did not bring his docket. The State was then permitted, over the objection of the defendant, to prove the conviction by parol testimony, and to read to the jury a document which purported to be, not an exemplification of the docket entries made in the course of the prosecution, but a report of the…
2Cases cited2 opinions
- State v. . NashSupreme Court of North Carolina · 1882
- State v. MyersSupreme Court of Iowa · 1865
3Cited by18 opinions
- The People v. CoolidgeIllinois Supreme Court · 1963
- State v. TylerSupreme Court of Louisiana · 1977
- Vance v. StateSupreme Court of Arkansas · 1902
- People v. MuirIllinois Supreme Court · 1977
- Twist v. MullinixSupreme Court of Arkansas · 1916
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