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208 Ark. 293

186 S.W.2d 154

Gaines v. State

Supreme Court of Arkansas

Decided March 12, 1945

Supreme Court of Arkansas · decided 1945-03-12

Relies on Stanley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1945-03-12

How this case has been cited

Cited by 17 later decisions — most recently December 1970

17 state decisions

901945195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Robins, J.,

¶1 dissenting. In my opinion prejudicial error was committed by the lower court when the prosecuting attorney was permitted to bring out from appellant on cross-examination that about thirty years ago appellant shot another man. It seems to me that the effect of the majority opinion is to overrule our decision in the case of Stanley v. State, 171 Ark. 536, 285 S. W. 17, in which we reversed a conviction of homicide because the defendant was compelled to make answer as follows: “Q. Tell the jury how many men you shot before that. A. I have shot two men before this. ’ ’ The rule followed by us in the Stanley case is supported by the great weight of authority, and is but a corollary to the rule that a man on trial for one offense should not be convicted by showing that he committed another offense.

¶2 I think the judgment of the lower court should be reversed and the cause remanded for a new trial.

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