Smith v. State
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; George JR. Haynie, Judge; STATEMENT OE EACTS. Bob Smith was indicted for murder in the first degree charged to have been committed by killing John Blunt.
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Appeal from Lafayette Circuit Court; George JR. Haynie, Judge; STATEMENT OE EACTS. Bob Smith was indicted for murder in the first degree charged to have been committed by killing John Blunt. According to the testimony of W. H. Scott, Bob Smith and John Blunt got into a quarrel in a pool room owned by a brother of Smith in Bradley, Lafayette County, Arkansas, one night in October, 1917. Several parties had been playing pool and Scott made a bet with Smith that Blunt would win the next game. Blunt wanted to quit playing and started to put up his cue. Smith told him that he could not quit and…
1Opinion of the Court
HAST, J.,
(after stating the facts). It is first insisted that the court erred in giving instruction No. 10 to the jury upon the motion of the State. The instruction is as follows:
“In ordinary cases of one person killing another in self-defense it must appear to the defendant, acting without fault or carelessness on his part, that the danger was so urgent and pressing that in order to save his own life, or prevent his receiving great bodily harm or injury, the killing was necessary, and it must appear also that the person killed was the assailant or that the slayer had really and in good faith…
2Cases cited3 opinions
- Cogburn v. StateSupreme Court of Arkansas · 1905
- Turner v. StateSupreme Court of Arkansas · 1917
- Plumley v. StateSupreme Court of Arkansas · 1914
3Cited by2 opinions
- Rhine v. StateSupreme Court of Arkansas · 1931
- Crews v. StateSupreme Court of Arkansas · 1929