J. Seaborn Holt

Name: Johnson v. State
Author: J. Seaborn Holt

Biographical details

J. Seaborn Holt (1884-1963) published works such as Johnson v. State and Bone v. State. These writings evoke Deaver, appellants and flag.

Quotes by J. Seaborn Holt

J. Seaborn Holt, Bone v. State (1940)

“ Suffice it to say that after a careful review of the record, we have reached the conclusion that when the evidence on the part of the state is viewed in the most favorable light to the state, the highest degree of homicide which it can support is voluntary manslaughter. ”

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Source: Wikisource

J. Seaborn Holt, Johnson v. State (1942)

“ It is one thing to be given the privilege of refusing to salute the flag, but quite another when one by word or act publicly exhibits contempt for the flag. Here appellant after refusing to salute the flag, as was his privilege, proceeded to address a large number of people and tell them that the flag meant nothing to him and was only a "rag." ”

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Source: Wikisource

J. Seaborn Holt, Bone v. State (1940)

“ There is no evidence in the record tending to show any enmity between appellant and deceased prior to the difficulty resulting in the injury to deceased. All the evidence is to the effect that appellant and deceased were on good terms. ”

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Source: Wikisource

J. Seaborn Holt, Johnson v. State (1942)

“ The religious liberty which the Constitution protects has never excluded legislation of general scope not directed against doctrinal loyalties of particular sects. Judicial nullification of legislation cannot be justified by attributing to the framers of the Bill of Rights views for which there is no historic warrant. ”

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Source: Wikisource

J. Seaborn Holt, Bone v. State (1940)

“ It is true that it is generally said that a deputy prosecuting attorney, legally appointed, is generally clothed with all the powers and privileges of the prosecuting attorney, but he must file the information in the name of the prosecnting attorney. ”

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Source: Wikisource

J. Seaborn Holt, Bone v. State (1940)

“ Manslaughter is defined by § 2980 of Pope's Digest as follows: "Manslaughter is the unlawful killing of a human being, without malice, express or implied, and without deliberation."
Voluntary manslaughter is defined by § 2981 of Pope's Digest as follows: "Manslaughter must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible." ”

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Source: Wikisource

J. Seaborn Holt, Bone v. State (1940)

“ They took the gun from me, and during the struggle the gun discharged.' Did he make that statement to you? A. Yes, sir."
Julia Wiggins, on behalf of appellants, testified that she was present at the time of the altercation and that the trouble started between appellants and Mr. Deaver with a "big argument." When the fight started they were on the ground. She did not see any gun in Romes hand at that time. "They were just fighting; they were all tied up. . . . They all surrounded one another. They were fighting." Mr. Deaver had been down on hisknees, but was up and they were all standing up. ”

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Source: Wikisource

J. Seaborn Holt, Bone v. State (1940)

“ He may only demand that he be tried before a fair and impartial jury, . . ."
(3) Complaint is next made that the trial court refused to call negroes for service on the by-standers list of jurors after the regular panel had been exhausted.The record reflects that there were three called for jury service on the regular panel and three on the special panel. Forty-six men were examined.
It further appears that all by-standers called were white persons selected outside of the courtroom by the sheriff at the request of counsel for appellants. ”

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Source: Wikisource

J. Seaborn Holt, Bone v. State (1940)

“ State, 56 Okla. Crim. 440, 41 P.2d 922. That court held that '"when the county attorney's name is affixed to the information in print or in typewriting and is then signed by his duly appointed assistant, such subscription of the name of the county attorney is a sufficient compliance with the requirements of the statute. Section 2829, Okla. Stat. 1931."
(2) Next appellants complain because the court refused to excuse by-stander juror, Buford Harris. After eleven jurors had been selected, and appellants had exhausted all but one of their challenges, five by-standers were called. ”

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Source: Wikisource

J. Seaborn Holt, Bone v. State (1940)

“ Joe Wirges testified that he is a reporter for the Arkansas Gazette; that after the difficulty he went to St. Vincents Infirmary to get the details from Mr. John Deaver. "Q. I will ask you if he stated to you at that time and place, 'I ran over to the desk and picked up my pistol and was knocked down by one of the brothers. ”

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Source: Wikisource

J. Seaborn Holt, Bone v. State (1940)

“ Mr. Harris, deputy sheriff, testified that he called men for jury service around town over the phone and did not know until the men reached court whether they were negroes or white persons, and that he had no prejudice against calling a negro. We think it clear that no discrimination against the negro, on account of his race or color, in the selection of jurymen has heen shown in this case.
In the case of Bone v. State, 198 Ark. 519, 129 S.W.2d 240, a former appeal of this case to this court, it was said:
". ”

J. Seaborn Holt

Biographical details

Quotes by J. Seaborn Holt

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Works by J. Seaborn Holt

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