McElvain v. State
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; 1. There is no prejudicial error in any of the instructions of the court. Moreover, no objection was raised to any of them in the lower court, and they are not before this court fpr review. 94 Ark. 65. 2. The testimony shows that none of the jurors challenged for cause were disqualified.
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Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; 1. There is no prejudicial error in any of the instructions of the court. Moreover, no objection was raised to any of them in the lower court, and they are not before this court fpr review. 94 Ark. 65. 2. The testimony shows that none of the jurors challenged for cause were disqualified. A venireman who states that from rumors or newspaper reports he has formed an opinion, but that for the purposes of the trial he could disregard such opinion and give the defendant a fair and impartial trial, is competent. 66 Ark.…
1Opinion of the CourtKirby, J.
The appellant, John McElvain, was indicted and convicted of the murder of Jake Thomasson, and sentenced to be hanged.
Thomasson’s family consisted of himself and wife and six children, the oldest ten years of age, and McElvain worked for or with Thomasson, and lived with the family, all sleeping in the same room.
On the day of the killing, McElvain had been out hunting, and returned late in the evening, and was seen by Mrs. Thomasson, sitting in the barn door shucking corn and throwing it to the hogs. Thomasson went to the woodyard, and was cutting stove wood, and his wife was busy cooking…
2Cases cited2 opinions
- Harding v. StateSupreme Court of Arkansas · 1910
- Taylor v. StateSupreme Court of Arkansas · 1904
3Cited by3 opinions
- Morris v. StateSupreme Court of Arkansas · 1920
- Hornsby v. StateSupreme Court of Arkansas · 1924
- Adams v. StateSupreme Court of Arkansas · 1942