{
  "id": 1630062,
  "name": "Leon SATTERFIELD v. STATE of Arkansas",
  "name_abbreviation": "Satterfield v. State",
  "decision_date": "1972-06-05",
  "docket_number": "5717",
  "first_page": "747",
  "last_page": "749",
  "citations": [
    {
      "type": "official",
      "cite": "252 Ark. 747"
    },
    {
      "type": "parallel",
      "cite": "483 S.W.2d 171"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
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    "name_long": "Arkansas",
    "name": "Ark."
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      "cite": "213 Ark. 899",
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      "reporter": "Ark.",
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      "cite": "223 Ark. 380",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
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      "year": 1954,
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      "cite": "248 Ark. 1260",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
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      "weight": 2,
      "year": 1970,
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    {
      "cite": "248 Ark. 395",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
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      "weight": 2,
      "year": 1970,
      "opinion_index": 0,
      "case_paths": [
        "/ark/248/0395-01"
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    {
      "cite": "245 Ark. 337",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1606807
      ],
      "weight": 2,
      "year": 1968,
      "opinion_index": 0,
      "case_paths": [
        "/ark/245/0337-01"
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  "last_updated": "2023-07-14T15:11:02.058798+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Leon SATTERFIELD v. STATE of Arkansas"
    ],
    "opinions": [
      {
        "text": "George Rose Smith, Justice.\nUpon a charge of having burned a bam the appellant was convicted of arson and sentenced to imprisonment for one year. The facts are stated in our opinions upon two earlier appeals and need not be repeated. 245 Ark. 337, 432 S.W. 2d 472 (1968); 248 Ark. 395, 451 S.W. 2d 730 (1970). The appellant\u2019s present points for reversal have to do with the selection of the jury, the admissibility of evidence, and the court\u2019s instructions.\nJuror Collins at first stated that he had an opinion about the case and that it might take evidence to remove it. He did not recall any particular item of evidence, but he had \u201ca vague remembrance of hearing about the case and possibly hearing a portion of the testimony.\u201d Upon further interrogation and explanation by the court, however, Collins stated that he understood his position better and that he could lay aside whatever opinion he had and try the case upon the evidence and the court\u2019s instructions. We find no error in the court\u2019s acceptance of the juror. The appellant had the burden of showing, by means of the voir dire examination, that Collins was subject to a challenge for cause. That burden was not met. It was not positively shown that Collins had firsthand knowledge of the facts or that he had actually heard any testimony at an earlier trial. Here the facts are materially different from those in Glover v. State, 248 Ark. 1260, 455 S.W. 2d 670 (1970), for there the jurors ended the interrogation by stating that it would take evidence to remove their opinion. Here just the opposite is true. We do not see that Act 568 of 1969, which provides that no person shall serve as a juror who has formed or expressed an opinion \u201cwhich may influence his judgment,\u201d made any substantial change in our law. Ark. Stat. Ann. \u00a7 39-105 (c) (Supp. 1971). Whether the venireman\u2019s opinion may influence his judgment is still a matter to be determined by the trial judge.\nLater on the court excused a prospective juror whose brother was married to an aunt of the accused. Even if the court was in error in finding the juror to be disqualified, no prejudice appears. \u201cSince a party is not entitled to have any particular juror, the erroneous rejection of a competent talesman is not prejudicial, in the absence of a showing that some biased or incompetent juror was thrust upon him.\u201d Lewis v. Phillips, 223 Ark. 380, 266 S.W. 2d 68 (1954). That showing is not made in the case at bar.\nThe court did not err in allowing a witness to testify that one of the accused\u2019s companions had said that there was hay in the barn. The question was asked in order to show what Satterfield\u2019s response had been. Moreover, the presence of the hay was shown by other proof and in fact was not disputed. Nor do we perceive how the accused could have been prejudiced by the court\u2019s action in allowing the prosecuting attorney to remind a witness that he had tried to persuade the witness to return to the scene of the fire to make notes or measurements.\nThe appellant contends that the court should not have allowed the witness Ross to testify that he and Satterfield had been riding around together and drinking beer or malt liquor during the afternoon before the barn was burned that same night. The testimony was not offered to prove that the accused had committed another crime; that is, drunken driving. In fact, the witness did not say that Satterfield had been drunk. We think the testimony to have been a permissible background to Ross\u2019s further testimony that he went to the scene of the fire that night and saw Satterfield there.\nWith respect to the instructions, the court was right in refusing to give the accused\u2019s Instruction 5, defining an accessory after the fact. A mere passive failure to disclose the commission of a crime does not make a person an accessory after the fact. Fields v. State, 213 Ark. 899, 214 S.W. 2d 230 (1948). Inasmuch as nothing more than such a passive failure was shown, the proffered instruction was abstract and would have been confusing to the jury. We have studied the court\u2019s instructions with reference to the definition of accomplices and the weight to be given their testimony and find nothing that can be said to have been prejudicial to the accused.\nAffirmed.",
        "type": "majority",
        "author": "George Rose Smith, Justice."
      }
    ],
    "attorneys": [
      "Bon McCourtney ir Associates by: Troy L. Henry, for appellant.",
      "Ray Thornton, Atty. Gen., by: John D. Bridgnorth, Asst. Atty. Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "Leon SATTERFIELD v. STATE of Arkansas\n5717\n483 S.W. 2d 171\nOpinion delivered June 5, 1972\nBon McCourtney ir Associates by: Troy L. Henry, for appellant.\nRay Thornton, Atty. Gen., by: John D. Bridgnorth, Asst. Atty. Gen., for appellee."
  },
  "file_name": "0747-01",
  "first_page_order": 771,
  "last_page_order": 773
}