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255 Ark. 950

King v. State

Supreme Court of Arkansas

Decided January 28, 1974

Supreme Court of Arkansas · decided 1974-01-28

Cited by 1 later decisions — most recently November 1977

1 state decisions

Relies on Cooper v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-01-28

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Conley Byrd, Justice.

¶1Appellant Donald C. King seeks to set aside his manslaughter conviction on the basis of evidence discovered after the verdict. We find no merit in the contention.

¶2The record shows two altercations between appellant and the decedent, his brother, on the date of the killing. The first altercation occurred while their mother and another brother were present. After that altercation was broken up and the decedent had started to watch television the brother and the mother departed. Thereafter appellant shot decedent at close range with a shotgun. To bolster his contention that he shot his brother because he was advancing toward him with a steak knife, appellant sought to show that decedent had a knife during the first altercation. Neither his brother nor his mother supported him on that issue during the trial. However, after the jury had retired, but before the verdict, the mother recanted and wanted to state that decedent did have a knife during the first altercation. The trial court refused to grant a mistrial before the jury returned or a new trial thereafter.

¶3We find no abuse of discretion. See Cooper v. State, 246 Ark. 368, 438 S.W. 2d 681 (1969).

¶4Affirmed.

Harris, C.J., not participating.
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