Wicks v. State
Supreme Court of Arkansas
270 Ark. 781
Wayne Wicks v. State of Arkansas
Appeal from Yell Circuit Court
No. CR 79-194.---Delivered: October 20, 1980
- CRIMINAL PROCEDURE—GUIDELINES FOR JURY—UNNECESSARY EXCEPT IN CAPITAL CASES.—The Supreme Court adheres to its view that guidelines to help the jury in its deliberations are unnecessary except in capital cases.
- CONSTITUTIONAL LAW—DUE PROCESS—IMPOSITION OF PUNISHMENT ON CASE BY CASE BASIS NOT UNCONSTITUTIONAL.—The common law approach to allow juries representing the common sense of the community to impose punishment on a case by case basis is not a denial of due process of law.
- TRIAL—SPONTANEOUS REMARK ABOUT POLYGRAPH TEST—NO ERROR IN REFUSING TO GRANT MISTRIAL.—Where the prosecutrix made a spontaneous remark concerning a polygraph test which she had taken, it was not error for the court to refuse to grant a mistrial where the court promptly instructed the jury to disregard the statement.
- TRIAL—MISTRIAL—WHEN MISTRIAL WARRANTED.—A mistrial is such a drastic measure that it is warranted only if justice could not be served by going on with the trial.
- APPEAL & ERROR—DUTY OF APPELLANT TO PROVIDE TRANSCRIPT—RECONSTRUCTION OF TRANSCRIPT.—The appellant has the burden of supplying a transcript, and, if a transcript cannot be obtained, it is appellant's duty to reconstruct one pursuant to Appellate Procedure Rule 6(d) (1979) by obtaining what used to be called a bystander's bill of exceptions.
- APPEAL & ERROR—OBJECTION IN TRIAL COURT REQUIRED—EXCEPTIONS.—An argument for reversal will not be considered in the absence of an appropriate objection, except in a few instances recognized in prior opinions of the court.
Appeal from Yell Circuit Court, Charles Eddy, Judge; affirmed.
Robert A. Newcomb, for appellant.
Steve Clark, Atty. Gen., by: James F. Dowden, Asst. Atty. Gen., for appellee.
[Opinion of the court by Justice GEORGE ROSE SMITH. Justice RICHARD L. MAYS concurred without opinion.]
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