Aden v. State, 5078
| Decision Date | 09 March 1964 |
| Docket Number | No. 5078,5078 |
| Citation | 376 S.W.2d 277,237 Ark. 789 |
| Parties | Joseph Franklin ADEN, Appellant, v. STATE of Arkansa, Appellee. |
| Court | Arkansas Supreme Court |
E. L. Holloway, Corning, for appellant.
Bruce Bennett, Atty. Gen., by Russell J. Wools, Asst. Atty. Gen., Little Rock, for appellee.
This is an appeal from a conviction for voluntary manslaughter. Appellant Joseph Franklin Aden lived on a farm supervised by the deceased, Willis Cole, and had worked for Cole. A day or two before Aden shot Cole, Aden had started picking cotton for a Mr. Collier. The evening of September 18, 1962, Cole with his nephew went to Aden's house where Cole determined, with anger, that Aden was working for Collier and that Aden planned to move from Cole's farm the following weekend. Their conversation took place beside Cole's truck. Aden testified that as he started to run back into the house, Cole hit him on the back of the head with a blackjack or something and knocked him to one knee. Cole then drove off. Aden went into his house, picked up his shotgun and a shell and drove to his parents' home. Aden and his father testified that they examined his head and his mother insisted that he go to a doctor; that Aden and his father then drove to the nearest doctor, who was not at home; that Aden then decided to go home and pick up his wife and find another doctor; and that after passing Cole's truck on the highway, Aden went to a gas station where he was backing up to a pump to get gas and air for a low tire when Cole's truck pulled in. The testimony is in conflict as to whether Cole or Aden got out of his vehicle first with a gun, but there is little conflict in testimony that Cole shot first, either once or twice, before Aden shot. Aden's shot hit the truck's open door behind which Cole was standing, which in turn deflected the shot up into Cole's right arm pit and side. Cole died shortly thereafter still holding a cocked pistol.
On September 19th, an information was filed in Randolph Circuit Court against Aden, charging him with murder in the first degree. He was tried on December 6, 1962, and because the jury could not agree on a verdic, a mistrial was declared. Then the case was set for trial January 21, 1963. At the close of this trial, the jury found appellant guilty of the crime of voluntary manslaughter and fixed his punishment at four years in the penitentiary. From the order on this verdict, appellant has prosecuted this appeal. For reversal appellant urges that the trial court erred in excluding the testimony of John Hannaford, who would testify that on the day before the killing the deceased told him that he, Cole, was going to kill appellant if he did not move (from his premises).
At commencement of trial appellant requested that the rule be invoked and all...
To continue reading
Request your trial
-
Williams v. State
...who is innocent of the rule's violation, should not ordinarily be deprived of his testimony. Harris v. State, supra; Aden v. State, 237 Ark. 789, 376 S.W.2d 277; Mobley v. State, 251 Ark. 448, 473 S.W.2d Although the trial court has some discretion in the matter, its discretion is very narr......
-
Allen v. State
...who is innocent of the rule's violation, should not ordinarily be deprived of his testimony. Harris v. State, supra; Aden v. State, 237 Ark. 789, 376 S.W.2d 277; Mobley v. State, 251 Ark. 448, 473 S.W.2d Although the trial court has some discretion in the matter, its discretion is very narr......
-
Woodard v. State
...who is innocent of the rule's violation, should not ordinarily be deprived of his testimony. Harris v. State, supra; Aden v. State, 237 Ark. 789, 376 S.W.2d 277; Mobley v. State, 251 Ark. 448, 473 S.W.2d This Court in Norris v. State, 259 Ark. 755, 536 S.W.2d 298 (1976), reaffirmed the prin......
-
Norris v. State
...who is innocent of the rule's violation, should not ordinarily be deprived of his testimony. Harris v. State, supra; Aden v. State, 237 Ark. 789, 376 S.W.2d 277; Mobley v. State, 251 Ark. 448, 473 S.W.2d Although the trial court has some discretion in the matter, its discretion is very narr......