Haire v. State, No. 5337
| Court | Supreme Court of Arkansas |
| Writing for the Court | GEORGE ROSE SMITH |
| Citation | 245 Ark. 293,432 S.W.2d 828 |
| Parties | L. V. HAIRE, Appellant, v. STATE of Arkansas, Appellee. |
| Docket Number | No. 5337 |
| Decision Date | 07 October 1968 |
Page 828
v.
STATE of Arkansas, Appellee.
As Amended on Denial of Rehearing Nov. 11, 1968.
Page 829
Terral, Rawlings, Matthews & Purtle, by Henry J. Osterloh, Little Rock, for appellant.
[245 Ark. 294] Joe Purcell, Atty. Gen., Larry W. Chandler, Asst. Atty. Gen., Little Rock, for appellee.
GEORGE ROSE SMITH, Justice.
The appellant, charged with the first-degree murder of Freddie Lee Jackson, age 16, was found guilty of second-degree murder and was sentenced to imprisonment for 21 years. The sufficiency of the proof is not questioned, but several other points for reversal are argued.
Rosalie Jackson, Freddie Lee's mother, testified that a girl came by the Jackson home at College Station late in the afternoon on May 5, 1967, knocked on the door, and asked to see Freddie Lee. After a short conversation the boy and girl left the house and walked down the road. That was the last time Mrs. Jackson saw her son alive. When Freddie Lee did not come home that night she called the sheriff's office to report that he was missing.
A search was instituted. Arthur Lewis, a deputy sheriff, testified that he and another officer drove to College Station on the afternoon of May 7. Acting on information they sought out the appellant, L. V. Haire, and his wife, Norma Jean, whom Mrs. Jackson identified as the girl who had come by for Freddie Lee. At the officers' request L. V. and Norma Jean accompanied them to the sheriff's headquarters for questioning, but neither of the Haires had then been placed under arrest.
At headquarters additional information led the officers to put L. V. under arrest, on suspicion, and to begin a search for Freddie Lee's body in certain wheat fields near the Sweet Home community. In the course of that search the Haires were brought to the scene. In answer to an inquiry Norma Jean said that the body was to the right of the road, but L. V. spoke up and said, 'No, Honey, on the left.' In similar fashion Norma Jean said the gun was under the bed, but L. V. said, 'No, it's up in the fireplace.' The body was found [245 Ark. 295] on the left, as L. V. had said. The officers obtained a search warrant and found the pistol in the chimney at the Haires' house. Six bullets taken from Freddie Lee's body were shown by a ballistics expert to have been fired from that pistol. There was other testimony connecting L. V. Haire with the crime,...
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State v. Mayhew, No. 53169
...see State v. Brown, Iowa, 155 N.W.2d 416, 419; State v. McClelland, supra, Iowa, 164 N.W.2d 189, 193; Haire v. State, 245 Ark. 289, 432 S.W.2d 828, Section 755.7 Code 1966 provides that a person making an arrest must inform the one to be arrested of the cause of the arrest. See State v. Med......
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State v. Roadenbaugh, No. 55466
...given in every instance the moment a suspect is taken into custody. Edington v. State, 243 Ark. 10, 418 S.W.2d 637 (1967); Haire v. State, 245 Ark. 293, 432 S.W.2d 828 (1968). In those cases we held that a spontaneous statement was admissible. In the case at bar, we think the statement that......
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Haire v. Sarver, No. 20047.
...was convicted of second degree murder and on direct appeal his conviction was affirmed by the Arkansas Supreme Court. Haire v. State, 245 Ark. 293, 432 S.W.2d 828 (1968). Defendant petitioned for a writ of habeas corpus which was denied by the federal district court, opinion reported in Hai......
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Ballew v. State, No. 5411
...given in every instance the moment a suspect is taken into custody. Edington v. State, 243 Ark. 10, 418 S.W.2d 637 (1967); Haire v. State, 245 Ark. 293, 432 S.W.2d 828 (1968). In those cases we held that a spontaneous statement was admissible. In the case at bar, we think the statement that......
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State v. Mayhew, No. 53169
...see State v. Brown, Iowa, 155 N.W.2d 416, 419; State v. McClelland, supra, Iowa, 164 N.W.2d 189, 193; Haire v. State, 245 Ark. 289, 432 S.W.2d 828, Section 755.7 Code 1966 provides that a person making an arrest must inform the one to be arrested of the cause of the arrest. See State v. Med......
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State v. Roadenbaugh, No. 55466
...given in every instance the moment a suspect is taken into custody. Edington v. State, 243 Ark. 10, 418 S.W.2d 637 (1967); Haire v. State, 245 Ark. 293, 432 S.W.2d 828 (1968). In those cases we held that a spontaneous statement was admissible. In the case at bar, we think the statement that......
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Haire v. Sarver, No. 20047.
...was convicted of second degree murder and on direct appeal his conviction was affirmed by the Arkansas Supreme Court. Haire v. State, 245 Ark. 293, 432 S.W.2d 828 (1968). Defendant petitioned for a writ of habeas corpus which was denied by the federal district court, opinion reported in Hai......
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Ballew v. State, No. 5411
...given in every instance the moment a suspect is taken into custody. Edington v. State, 243 Ark. 10, 418 S.W.2d 637 (1967); Haire v. State, 245 Ark. 293, 432 S.W.2d 828 (1968). In those cases we held that a spontaneous statement was admissible. In the case at bar, we think the statement that......