Legal Opinion

Martin v. State

Supreme Court of Arkansas

Decided October 8, 1917PublishedCited by 5 opinions

Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; 1. The court erred in ordering the witness, Campbell, to be held in bond in the presence of the jury. 38 Cyc. 1316, 1320; 40 Id. 2603; 34 Ark. 257; 43 Id. 99; 46 Id. 141; 56 Id. 7; 58 Id. 478; 60 Id. 450. The conduct of the judge in causing the arrest of the witness was highly prejudicial. 42 S. W. 384; 36 S. W. 477. 1. The action of the court was proper and not prejudicial.

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Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; 1. The court erred in ordering the witness, Campbell, to be held in bond in the presence of the jury. 38 Cyc. 1316, 1320; 40 Id. 2603; 34 Ark. 257; 43 Id. 99; 46 Id. 141; 56 Id. 7; 58 Id. 478; 60 Id. 450. The conduct of the judge in causing the arrest of the witness was highly prejudicial. 42 S. W. 384; 36 S. W. 477. 1. The action of the court was proper and not prejudicial. Acts 1915, § 2, Act 30; 40 Cyc. 2603; 84 Ark. 81; 104 S. W. 693; 8 S. E. 342; 19 Am. & E. Ann. Cases 423; 24 N. Y. Supp. 200.

1Opinion of the CourtSmith, J.

Appellant was convicted for selling intoxicating liquors to one Tobe Taft, and' at his trial evidence was offered which was legally sufficient to sustain the verdict. A witness named Campbell testified at the trial that he was present when the incident occurred which counsel for appellant says was the time and place of the occurrence of the alleged sale. According to this witness, no sale took place, but witness, at the request of appellant, gave Taft’s wife some whisky, the liquor being poured from a quart bottle in which it was contained into a pint bottle. The effect of this testimony…

2Cases cited1 opinion

  1. Golden v. StateMississippi Supreme Court · 1897

3Cited by5 opinions

  1. McNutt v. United StatesCourt of Appeals for the Eighth Circuit · 1920
  2. Crosby v. StateSupreme Court of Arkansas · 1922
  3. Lomax v. StateSupreme Court of Arkansas · 1970
  4. McCracken v. StateSupreme Court of Arkansas · 1948
  5. Crosby v. StateSupreme Court of Arkansas · 1922

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