Opinion

Rush v. State

  • 238 Ark. 149
  • 379 S.W.2d 29
  • 1964 Ark. LEXIS 548
Court
Supreme Court of Arkansas
Filed
May 18, 1964
Status
Published
Author
McPaddin
On the bench
Bobinson, McPaddin, McFaddin
Cited by
18 cases

juror must be excused who has formed an opinion that would take evidence to remove even if he will listen to the evidence

How later courts described this case

  • juror must be excused who has formed an opinion that would take evidence to remove even if he will listen to the evidence

Written by the judges who cited it.

The opinion

Ed. P. McPaddin, Associate Justice (concurring). I agree that the judgment of the Circuit Court should be reversed (a) because of the juror, C. E. Laws; and also (b) because of tbe admission of tbe pistol. Both of these matters are clearly stated in the Majority Opinion.

But I do not agree with the holding of the Majority in regard to change of venue. I am firmly of the view that when á defendant moves for a change of venue he has the burden; and if his witnesses fail to establish his claimed change, then the Court can so hold. In this case I think the defendant’s witnesses failed to establish the defendant’s right to a change of venue; and I think the Circuit Court was correct in refusing the change of venue.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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