Page:Wicks v. State, 270 Ark. 781 (1980).pdf/1

 

Wayne WICKS v. STATE of Arkansas

Supreme Court of Arkansas
Opinion delivered October 20, 1980

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.