Hines v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court; George R. Hay-me, Judge; The court erred in giving instructions asked by the State and in refusing those asked by defendant. There was prejudicial error in the remarks of the State’s attorney and the action of the court thereon. 61 Ark. 174; 63 Id. 176; 72 Id. 139-140; 58 Id. 478; 61 Id. 130; 95 Id. 237. 1. Instructions Nos. 6 and 9 given for the State were properly given. 120 Ark. 193; 76 Id. 515. Nos. 10 and 11 were proper.
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Appeal from Miller Circuit Court; George R. Hay-me, Judge; The court erred in giving instructions asked by the State and in refusing those asked by defendant. There was prejudicial error in the remarks of the State’s attorney and the action of the court thereon. 61 Ark. 174; 63 Id. 176; 72 Id. 139-140; 58 Id. 478; 61 Id. 130; 95 Id. 237. 1. Instructions Nos. 6 and 9 given for the State were properly given. 120 Ark. 193; 76 Id. 515. Nos. 10 and 11 were proper. There was no error in refusing No. 8 for defendant, nor No. 7. These were covered by others given correctly. 2. There was no reversible…
1Opinion of the Court
HAET, J.,
(after stating the facts). (1) It is insisted by counsel for the defendant that the court erred in giving instruction No. 9, which is as follows: ‘ ‘ The killing being proved, the burden of proving circumstances of mitigation that justify or excuse the homicide shall devolve on the accused, unless by proof on the part of the prosecution it is sufficiently manifest that the offense only amounted to manslaughter, or that the accused was justified or excused in committing the homicide.”
There was no error in giving this instruction. The instruction as given is a copy of section 1765 of…
2Cases cited6 opinions
- Holder v. StateSupreme Court of Arkansas · 1894
- Johnson v. StateSupreme Court of Arkansas · 1915
- Turner v. StateSupreme Court of Arkansas · 1917
- Sims v. StateSupreme Court of Arkansas · 1917
- Tignor v. StateSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hughes v. StateSupreme Court of Arkansas · 1922
- Mays v. StateSupreme Court of Arkansas · 1978