Legal Opinion

Billings v. State

Supreme Court of Arkansas

Decided November 15, 1889PublishedCited by 32 opinions

APPEAL from Perry Circuit Court. J. B. Wood, Judge. 1. It was error to allow the State on cross-examination to ask the witness if he had not made certain damaging statements about the defendant in his absence,, and on cross-examination of another of defendant’s witnesses, allowed the State to prove such statements. Whart. Cr.

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APPEAL from Perry Circuit Court. J. B. Wood, Judge. 1. It was error to allow the State on cross-examination to ask the witness if he had not made certain damaging statements about the defendant in his absence,, and on cross-examination of another of defendant’s witnesses, allowed the State to prove such statements. Whart. Cr. Ev., 223; ib., 483-484; 38 Me., 239 ; 60 Me., 330 ; 64 id., 267 ; 16 Pick., 124 ; 30 Vt., 100; 10 Gray, 6; 63 Barb., 634; 33 N. Y, 164; 44 Cal., 432; 32 Ind., 143; 4 Iowa, 477; 14 Minn., 103 ; 23 Grat., q6i ; 16 Ark., 388-628; 10 id., 638 ; 43 id., 132, 163 ; Rapalji…

1Opinion of the CourtHemingway, J.

The defendant was indicted for murder in the second degree. He testified that he killed the deceased, and sought to excuse it, because it was done as he claimed, in self-defense. He was convicted of manslaughter.

It is assigned for error here, that the court erred; first, in admitting improper evidence; second, in declaring the law applicable to the right of self-defense.

During the morning of the homicide, the deceased, Wallace, the defendant, Dave Billings, William Billings and Ike Brown met at the residence of William Billings, where they all remained until the homicide occurred in the…

2Cases cited2 opinions

  1. Payne v. StateSupreme Court of Alabama · 1877
  2. Dufresne v. WeiseWisconsin Supreme Court · 1879

3Cited by32 opinions

  1. People v. JenningsIllinois Supreme Court · 1911
  2. Chisum v. StateSupreme Court of Arkansas · 1981
  3. McAlister v. StateSupreme Court of Arkansas · 1911
  4. Linell v. StateSupreme Court of Arkansas · 1984
  5. Moore v. StateSupreme Court of Arkansas · 1957

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