{ "id": 1337148, "name": "King v. State", "name_abbreviation": "King v. State", "decision_date": "1914-01-12", "docket_number": "", "first_page": "595", "last_page": "597", "citations": [ { "type": "official", "cite": "110 Ark. 595" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "159 S. W. 211", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": -1 }, { "cite": "29 Ark. 293", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1882956 ], "opinion_index": -1, "case_paths": [ "/ark/29/0293-01" ] }, { "cite": "100 Va. 860", "category": "reporters:state", "reporter": "Va.", "case_ids": [ 2019171 ], "opinion_index": -1, "case_paths": [ "/va/100/0860-01" ] }, { "cite": "58 Ark. 390", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1329181 ], "opinion_index": -1, "case_paths": [ "/ark/58/0390-01" ] }, { "cite": "109 Ark. 510", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1341181 ], "opinion_index": 0, "case_paths": [ "/ark/109/0510-01" ] }, { "cite": "90 Ark. 596", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1513851 ], "opinion_index": 0, "case_paths": [ "/ark/90/0596-01" ] }, { "cite": "68 Ark. 289", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1333934 ], "opinion_index": 0, "case_paths": [ "/ark/68/0289-01" ] }, { "cite": "53 Ark. 46", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1911724 ], "opinion_index": 0, "case_paths": [ "/ark/53/0046-01" ] }, { "cite": "93 Ark. 600", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1546825 ], "opinion_index": 0, "case_paths": [ "/ark/93/0600-01" ] }, { "cite": "93 Ark. 269", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1546867 ], "opinion_index": 0, "case_paths": [ "/ark/93/0269-01" ] }, { "cite": "102 Ark. 266", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1354040 ], "opinion_index": 0, "case_paths": [ "/ark/102/0266-01" ] }, { "cite": "29 Ark. 293", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1882956 ], "opinion_index": 0, "case_paths": [ "/ark/29/0293-01" ] } ], "analysis": { "cardinality": 293, "char_count": 4117, "ocr_confidence": 0.556, "pagerank": { "raw": 8.757595223309365e-08, "percentile": 0.4950796359169975 }, "sha256": "d548c3f3b1775ac660b4777b219c60dbee8286b7a76c4fbaa5b200ba205ec3e2", "simhash": "1:a8ade6f0905b7eb5", "word_count": 717 }, "last_updated": "2023-07-14T14:48:34.663007+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "King v. State." ], "opinions": [ { "text": "Wood, J.,\n(after stating the facts). Appellant contends that the testimony fails to establish the venue, and that the court erred in admitting the testimony of Mrs. Chandler as to what her husband said to her.\n1. Venue, in a criminal case, may be proved by circumstances, and it need only be proved by a preponderance of the testimony. Nicholls v. State, 102 Ark. 266-271, and cases there cited.\nThe deputy \u201clived at Tyronza, Arkansas.\u201d The court and jury were warranted in taking judicial knowledge that Tyronza was located in Poinsett County. If Tyronza had been a county, township, river or lake, witness would hardly have testified that he lived at Tyronza. The court and jury were warranted in taking judicial notice that Tyronza was a town situated in Poinsett County, Arkansas, and that a mile and a half south of this town was within the limits of Poinsett County.\nIn St. Louis, Iron Mountain & Southern Ry. Co. v. Weatherby, 93 Ark. 269, the proof showed that the injury occurred within a hundred yards of Blanton. We held this sufficient to warrant a jury in finding that the injury occurred in Crittenden County; and in Bell v. State, 93 Ark. 600, the evidence shows that the sale was made in Jenny Lind. We held this sufficient to establish the venue in the Greenwood District of Sebastian County. See, also, Wilder v. State, 29 Ark. 293; Forehand v. State, 53 Ark. 46; St. Louis, I. M. & S. Ry. Co. v. Magness, 68 Ark. 289; Lyman v. State, 90 Ark. 596.\n2. The court did not err in admitting the testimony of Mrs. Chandler.\nThere was testimony to warrant the jury in finding that Chandler had the opportunity of seeing and knowing who shot him. The jury were warranted, therefore, in finding that his declaration ivas not a mere matter of opinion on his part, but the statement of a fact, and a sufficient foundation was laid to make this testimony competent as a dying declaration. Scoggin v. State, 109 Ark. 510.\nAffirmed.", "type": "majority", "author": "Wood, J.," } ], "attorneys": [ "Gordon Frierson and Boy E. Howser, for appellant.", "Wm. L. Moose, Attorney General, and Jno. P. Streepey, Assistant, for appellee." ], "corrections": "", "head_matter": "King v. State.\nOpinion delivered January 12, 1914.\n1. Criminal law\u2014venue\u2014how proved.\u2014Venue in a criminal case may be proved by circumstances, and need only be proved by a preponderance of tbe testimony. (Page 596.)\n2. Evidence\u2014criminal trial\u2014venue.\u2014Tbe court will take judicial notice that a town, in wbicb a witness testified that he lived, was located in a certain county. (Page 597.)\n3. Evidence\u2014dying declarations\u2014admissibility.\u2014Evidence that deceased said: \u201cI can\u2019t possibly get well. Will King is tbe negro that shot me,\u201d is competent as a dying declaration, where other testimony shows that deceased had the opportunity of seeing and knowing who shot him. (Page 597.)\nAppeal from Poinsett Circuit Court; W. J. Driver, Judge;\naffirmed.\nSTATEMENT BY THE COURT.\nAppellant appeals from a judgment convicting him of murder in the first degree for the killing of one James Chandler. A deputy sheriff of Poinsett County lived at Tyronza, Arkansas. He and Chandler left the station and went down the dirt road to appellant\u2019s house. The deputy sheriff went to. appellant\u2019s home to arrest appellant\u2019s brother on a charge of murder, and while the deputy was attempting to make this arrest, the killing of Chandler took place for which appellant was convicted.\nAbout two days before Chandler died, he said to his wife: \u201cMama, I can\u2019t possibly get well. Will Kang is the negro that shot me.\u201d Chandler accompanied the deputy sheriff of Poinsett County to the house of appellant to assist the deputy in making the arrest, and the testimony shows that Chandler had the opportunity of seeing the appellant and of knowing whether he fired the fatal shot.\nGordon Frierson and Boy E. Howser, for appellant.\n1. There was no proof of venue. 58 Ark. 390-6; 56 Id. 226; 68 Id. 561; 6 Gery (Tenn.) 364; 100 Va. 860; 4 L. E. A. 33.\n2. Mrs. Chandler\u2019s testimony was inadmissible. 2 Wigmore on Ev., \u00a7 \u00a7 1438-1440.\nWm. L. Moose, Attorney General, and Jno. P. Streepey, Assistant, for appellee.\n1. Courts take judicial notice of towns, cities, etc., by name. 29 Ark. 293; 53 Id. 46; 90 Id. 596-599. Tyronza is in Poinsett County.\n2. The admission of the dying declaration was proper. 159 S. W. 211-214." }, "file_name": "0595-01", "first_page_order": 613, "last_page_order": 615 }