Alexander v. State
Supreme Court of Arkansas
Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. The jury could not have understood the additional instruction prescribing the form of their verdict, given at the conclusion of the argument, otherwise than as directing a verdict of murder in the first degree or acquittal. The instruction cut the jury off from consideration of a lower degree of homicide, or the nature of the penalty that might otherwise have been imposed.
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Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. The jury could not have understood the additional instruction prescribing the form of their verdict, given at the conclusion of the argument, otherwise than as directing a verdict of murder in the first degree or acquittal. The instruction cut the jury off from consideration of a lower degree of homicide, or the nature of the penalty that might otherwise have been imposed. It was a patent invasion of the province of the jury. 110 U. S. 590; 172 U. S. 312; 74 Ark. 451; 43 Ark. 289; 50 Ark. 506, 508; 52 Ark. 345, dissenting opinion…
1Opinion of the CourtMcCulloch, C. J.
Appellant, W. C. Alexander, was indicted by the grand jury of Jefferson County for the crime of murder in the first degree for the killing of one J. P. Kelly, alleged to have been committed in the city of Pine Bluff on July 29, 1911. His counsel entered for him a plea of present insanity, and a jury was impaneled to try that issue, the trial resulting in finding the appellant to be sane. A plea of not guilty was entered, and on appellant’s petition a change of venue was granted, and the case removed to Desha County for trial. The trial resulted in a verdict and judgment against appellant for…
2Cases cited3 opinions
- Allison v. StateSupreme Court of Arkansas · 1905
- Harding v. StateSupreme Court of Arkansas · 1910
- Jones v. StateSupreme Court of Arkansas · 1889
3Cited by9 opinions
- Leggett v. StateSupreme Court of Arkansas · 1957
- Smith v. StateSupreme Court of Arkansas · 1949
- Smith v. StateSupreme Court of Arkansas · 1953
- Jenkins v. StateSupreme Court of Arkansas · 1953
- Johnson v. StateSupreme Court of Arkansas · 1917
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