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Ford v. State

484 S.W.2d 90, 253 Ark. 5, 1972 Ark. LEXIS 1393
CourtSupreme Court of Arkansas
DecidedSeptember 4, 1972
Docket5740
StatusPublished
Cited by12 cases

This text of 484 S.W.2d 90 (Ford v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. State, 484 S.W.2d 90, 253 Ark. 5, 1972 Ark. LEXIS 1393 (Ark. 1972).

Opinion

George Rose Smith, Justice.

In appealing from convictions for burglary, assault with intent to kill, and assault with intent to rape, the appellant contends only that the trial court’s instruction defining reasonable doubt was erroneous. In an opinion delivered several months after the case at bar was tried we held the particular instruction to be bad. Laird v. State, 251 Ark. 1074, 476 S.W. 2d 811 (1972).

We cannot consider the appellant’s argument, for in the court.below there was no objection to the instruction. Price v. City of Trumann, 213 Ark. 50, 209 S.W. 2d 284 (1948). Although Act 333 of 1971 made it unnecessary for a party to save exceptions in criminal cases, it is still required that an objection be made or that the party make known to the trial court the action which he desires the court to take. Ark. Stat. Ann. § 43-2725.1 (Supp. 1971). That statute adopted the rule already prevailing in civil cases. Ark. Stat. Ann. § 27-1762 (Repl. 1962); Turkey Express v. Skelton Motor Co., 246 Ark. 739, 439 S.W. 2d 923 (1969). Hence the absence of an objection precludes the appellant from raising the point for the first time on appeal.

Affirmed.

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Related

Meyers v. State
611 S.W.2d 514 (Supreme Court of Arkansas, 1981)
Williams v. State
606 S.W.2d 75 (Court of Appeals of Arkansas, 1980)
Gruzen v. State
591 S.W.2d 342 (Supreme Court of Arkansas, 1979)
Smith v. State
587 S.W.2d 50 (Court of Appeals of Arkansas, 1979)
Norton v. State
540 S.W.2d 588 (Supreme Court of Arkansas, 1976)
Johnson v. State
532 S.W.2d 1 (Supreme Court of Arkansas, 1976)
Haynie v. State
518 S.W.2d 492 (Supreme Court of Arkansas, 1975)
Williams v. State
513 S.W.2d 793 (Supreme Court of Arkansas, 1974)
Robinson v. State
509 S.W.2d 808 (Supreme Court of Arkansas, 1974)
Todd v. State
485 S.W.2d 533 (Supreme Court of Arkansas, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
484 S.W.2d 90, 253 Ark. 5, 1972 Ark. LEXIS 1393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-state-ark-1972.