Legal Opinion

Caldwell v. State

Supreme Court of Arkansas

Decided May 18, 1901PublishedCited by 16 opinions

Appeal from Independence Circuit Court. FREDERICK D. FulKERSON, Judge. It was error not to sustain appellant’s challenge for cause against a juror who had formed an opinion of the case, as had Leggett. 45 Ark. 170; Const. Ark. art. 2, § 10; 56 Ark. 402. •Gf. 66 Ark. 53; 12 Am. & Eng. Enc. Law, 354, and note. It was •drror to permit a comparison of the inscriptions on the envelopes and the letters with the writing in dispute. 32.Ark. 337; 7 Abb.

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Appeal from Independence Circuit Court. FREDERICK D. FulKERSON, Judge. It was error not to sustain appellant’s challenge for cause against a juror who had formed an opinion of the case, as had Leggett. 45 Ark. 170; Const. Ark. art. 2, § 10; 56 Ark. 402. •Gf. 66 Ark. 53; 12 Am. & Eng. Enc. Law, 354, and note. It was •drror to permit a comparison of the inscriptions on the envelopes and the letters with the writing in dispute. 32.Ark. 337; 7 Abb. N. Cas. 98; 56 Md. 439; 5 Ala. 747; 2 Heisk. 207; 3 Baxt. 45; 78 Inch 64; 9 Am. & Eng. Enc. Law, 288; 3 Russ. Cr. 361; 36 Am. Dee. 431; 1 Best, Ev. §…

1Opinion of the CourtHughes, J.

The appellant was indicted for seduction, entered a plea of not guilty, was tried, convicted and sentenced to 'confinement in the penitentiary for three months, and to pay a fine of $65, as assessed by the jury in their verdict. He filed his motion for a new trial, which was overruled, and he excepted and appealed to this court.

In making up a jury to try the case, Euss Leggett was sworn and examined as to iris qualifications to serve as a juror, and stated that he had heard different ones talk about the ease, and that they purported to know the facts; that he had formed and expressed an…

2Cases cited7 opinions

  1. Benton v. StateSupreme Court of Arkansas · 1875
  2. Hardin v. StateSupreme Court of Arkansas · 1898
  3. McLeod v. JonesMassachusetts Supreme Judicial Court · 1870
  4. Redd v. StateSupreme Court of Arkansas · 1898
  5. Ware v. StateSupreme Court of Arkansas · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Rush v. StateSupreme Court of Arkansas · 1964
  2. York v. StateSupreme Court of Arkansas · 1909
  3. Collins v. StateSupreme Court of Arkansas · 1912
  4. Harrison v. StateSupreme Court of Arkansas · 1940
  5. Holt v. StateSupreme Court of Arkansas · 1909

11 more not listed; retrieve them via the Exa API.

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