{ "id": 1446938, "name": "Jordan v. State", "name_abbreviation": "Jordan v. State", "decision_date": "1942-03-16", "docket_number": "4255", "first_page": "1020", "last_page": "1024", "citations": [ { "type": "official", "cite": "203 Ark. 1020" }, { "type": "parallel", "cite": "160 S.W.2d 881" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "279 S. W. 997", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": 0 }, { "cite": "170 Ark. 329", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1371578 ], "opinion_index": 0, "case_paths": [ "/ark/170/0329-01" ] }, { "cite": "197 Ark. 918", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 8724761 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ark/197/0918-01" ] }, { "cite": "199 Ark. 69", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1456500 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ark/199/0069-01" ] }, { "cite": "245 S. W. 303", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": 0 }, { "cite": "156 Ark. 9", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1358466 ], "opinion_index": 0, "case_paths": [ "/ark/156/0009-01" ] }, { "cite": "138 S. W. 475", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": 0 }, { "cite": "99 Ark. 407", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1314420 ], "opinion_index": 0, "case_paths": [ "/ark/99/0407-01" ] }, { "cite": "107 S. W. 677", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": 0 }, { "cite": "85 Ark. 179", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1523324 ], "opinion_index": 0, "case_paths": [ "/ark/85/0179-01" ] }, { "cite": "91 S. W. 2d 1029", "category": "reporters:state_regional", "reporter": "S.W.2d", "opinion_index": 0 }, { "cite": "192 Ark. 416", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1414906 ], "opinion_index": 0, "case_paths": [ "/ark/192/0416-01" ] }, { "cite": "3 S. W. 2d 977", "category": "reporters:state_regional", "reporter": "S.W.2d", "opinion_index": 0 }, { "cite": "176 Ark. 725", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1399865 ], "opinion_index": 0, "case_paths": [ "/ark/176/0725-01" ] }, { "cite": "1 S. W. 2d 546", "category": "reporters:state_regional", "reporter": "S.W.2d", "opinion_index": 0 }, { "cite": "175 Ark. 1047", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1403496 ], "opinion_index": 0, "case_paths": [ "/ark/175/1047-01" ] }, { "cite": "15 S. W. 2d 976", "category": "reporters:state_regional", "reporter": "S.W.2d", "opinion_index": 0 }, { "cite": "179 Ark. 1153", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 8726897 ], "opinion_index": 0, "case_paths": [ "/ark/179/1153-01" ] }, { "cite": "200 Ark. 1112", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1453417 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ark/200/1112-01" ] }, { "cite": "200 Ark. 914", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1453364 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ark/200/0914-01" ] }, { "cite": "200 Ark. 592", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1453476 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/ark/200/0592-01" ] } ], "analysis": { "cardinality": 467, "char_count": 6873, "ocr_confidence": 0.505, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.054381548885668624 }, "sha256": "fe7df5bddaa7157f217822a47905860aefd1d73f2648ec34fdd749ecceaa11e4", "simhash": "1:508e8a2679398a9c", "word_count": 1262 }, "last_updated": "2023-07-14T23:00:45.785345+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Jordan v. State." ], "opinions": [ { "text": "Holt, J.\nOn information charging murder in the first degree, Clyde Jordan was convicted of , voluntary manslaughter, and from a judgment sentencing him to serve a term of three years in the state penitentiary comes this appeal.\nFor reversal appellant contends that the information is insufficient for the reason that it,was signed and filed by the deputy prosecuting attorney. The information is signed: \u201cit. M. Priddy, Prosecuting Attorney, by Joe Gooclier, Deputy Prosecuting Attorney.\u201d This was sufficient. We so held in the following recent cases: Bone v. State, 200 Ark. 592, 140 S. W. 2d 140; Rayburn v. State, 200 Ark. 914, 141 S. W. 2d 532; and State v. Eason and Fletcher, 200 Ark. 1112, 143 S. W. 2d 22.\nIt is next argued that the evidence was not sufficient to support the jury\u2019s verdict. Among the witnesses on behalf of the state, the sheriff of Pope county, Arkansas, John Forehand, testified that he went to the home of appellant some three miles from Atkins, Arkansas, and arrested him while he was in bed asleep. After placing the handcuffs on appellant, he awakened him and appellant asked that the handcuffs be removed; that he refused the request, sajdng: \u201cNo, you killed a man,\u201d and quotiiig from the sheriff\u2019s testimony: \u201cHe wanted me to take him out on the porch, wanted me to go out on the porch with him. He said flash your light. I flashed my light down there. He said, \u2018I killed him; God damn him, I killed him.\u2019 AVe went back in the room, the room was torn up, it looked like there had been a scuffle or a fight. I went to the bed, piece about this size (indicating) had been knocked off, some hair there on this piece and on the piece of bed. This dead fellow had a skinned place up in the edge of his hair, you could tell it was his hair ; undoubtedly, his head had hit it and broke it off. His pistol was lying* in the rocking chair at the head of the bed.\u201d\nHe further testified that a shot had been fired through the window .screen; that the screen was pushed out from the inside just the size of a bullet hole;; that they found deceased, Fred Godbey, lying on his back with his feet south from the porch and his head and part of his shoulders lying under the porch, \u201cjust like he had run out there and had jumped off the end of the porch and fell back\u201d; that the deceased had been shot in the back just about the belt on one side of the backbone, and the bullet had come out on the opposite side near the navel. Inside the house on the floor near the stove was a billfold containing six $20 bills. He searched the body of Godbey and found some fifty odd cents in his pocket.\nEverett Walker, constable,. testified that he found appellant on the highway, took charge of him and he Avas in a drunken condition. Pie took appellant to appellant\u2019s home after he had told him that he had been robbed by Fred Godbey, the deceased. When he reached appellant\u2019s home he saw the man lying there \u201cAvith his head up in under the porch\u201d as if drunk. He lighted a lamp, took hold of the body of Godbey and it was cold and stiff. Pie heard appellant say at the time, \u201ca Godbey, I killed him, I shot him, and I Avill get the last of them, and any son-of-a-b\u2014 that comes after me.\u201d\nHe further testified that appellant fired a shot at him and that he (witness) jumped into his truck and drove back to Atkins and called the sheriff.\nAppellant admitted that he shot the deceased, but testified that Fred Godbey was trying to rob him. He shot where he thought Godbey Avas, but did not know that he had killed him.\nThere is other evidence of probative value which we deem it unnecessary to abstract here.\nThe rule is well settled that in determining whether the evidence is sufficient to support the verdict, this court must consider it in the light most favorable to the state, and when this is done, we think there is ample testimony to support the jury\u2019s finding. O\u2019Neal v. State, 179 Ark. 1153, 15 S. W. 2d 976; Bowlin v. State, 175 Ark. 1047, 1 S. W. 2d 546; Yeager v. State, 176 Ark. 725, 3 S. W. 2d 977.\nIt is next argued that the court erred in overruling appellant\u2019s supplementary motion for a new trial which was based upon alleged newly discovered evidence. Such motion is always addressed to the sound discretion of the trial court and unless it appears that there has been an abuse of discretion, an injustice has been done, or the rights of the accused prejudiced, this court will not, reverse. After a careful review of the record, we think no abuse of discretion has been shown.\nIn Bourne v. State, 192 Ark. 416, 91 S. W. 2d 1029, this court said: \u201cA supplemental motion for a new trial, on the ground of newly discovered evidence, was filed and overruled. Such a motion addresses itself to the sound legal discretion of the trial court, and this court will not reverse except where an abuse of such discretion is. shown or an apparent injustice has been done. Ward v. State, 85 Ark. 179, 107 S. W. 677; Young v. State, 99 Ark. 407, 138 S. W. 475; Cole v. State, 156 Ark. 9, 245 S. W. 303. No abuse of discretion is shown.\u201d Clements v. State, 199 Ark. 69, 133 S. W. 2d 844.\nFinally appellant complains about certain evidence brought out by the prosecuting attorney on cross-examination of appellant. Appellant was asked: \u201cQ. You were convicted of a felony in 1926? A. Yes. Q. What was the charge? A.'Get the record. . . . Q. Wasn\u2019t it assault and intent to rape in 1924 or 1926? A. You and your dad know how it was . . . Q. Haven\u2019t you had a number of shooting scrapes in your time? A. No, sir, I never shot another man.\u201d Appellant was asked if he had \u201cpistol whipped\u201d a boy by the name of Blackwood, whom he had working for him, and made him leave. Appellant answered \u201cNo,\u201d that he did not whip him but he made him leave.\nThe record reflects that the trial court excluded from the jury this latter evidence relating to the alleged whipping of Blackwood'with a. pistol, but refused to reprimand the prosecuting attorney. Tlie other evidence quoted, supra, was, we think, proper cross-examination, and on the whole it is our view that no error was committed. The testimony which the court permitted to go to the jury was brought out by the attorney for the state as affecting the credibility of appellant\u2019s testimony and was proper.\nIn Burns v. State, 197 Ark. 918, 125 S. W. 2d 463, we said: \u201cThis testimony was admitted on cross-examination of one of the appellants and it has always been held by this court that the cross-examination of the defendant to test his credibility may be given wide latitude. See Wawak and Vaught v. State, 170 Ark. 329, 279 S. W. 997.\u201d\nOn the whole case, finding no error, the judgment is affirmed.", "type": "majority", "author": "Holt, J." } ], "attorneys": [ "Bob Bailey, Sr., and,Bob Bailey, Jr., for appellant.", "Jack Holt, Attorney General, and Jno. P. Streepey, Assistant Attorney General, for appellee." ], "corrections": "", "head_matter": "Jordan v. State.\n4255\n160 S. W. 2d 881\nOpinion delivered March 16, 1942.\nBob Bailey, Sr., and,Bob Bailey, Jr., for appellant.\nJack Holt, Attorney General, and Jno. P. Streepey, Assistant Attorney General, for appellee." }, "file_name": "1020-01", "first_page_order": 1038, "last_page_order": 1042 }