Allen v. State , 68 Ark. 577 ( 1901 )

Hughes, J.,

(after stating the facts.) Though there are several assignments of error in this case, yet, as the case must be reversed for the error in admitting certain testimony which a majority of the judges think was prejudicial, we do not think it necessary to notice any other.

Over the objection of the defendant, Robert Hawkins, a justice of the peace, was permitted to testify that some three or four months before the trial, John Gayton (the deceased) requested him to go to the defendant, and request him to let his wife alone, and that he told Ossejr, Allen, from what he had heard he had better let John Gayton and his wife alone. If he did not, there would be trouble between them. On cross-examination, witness stated that when he told Ossey Allen this, Ossey Allen replied that he would. This testimony was inadmissible. The defendant saved proper exceptions to this testimony, and embodied his exceptions in his motion for anew trial, which being overruled he excepted and appealed to this court. In view of the fact that there was testimony which tended to prove an alibi for the defendant, this evidence might have prejudiced the jury.

For the error of its admission,, the judgment is reversed, and the cause is remanded for a new trial.