Fagg v. State
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. JNo. S. Little, Judge. - The only issue upon the facts before thejury was whether the defendant was guilty of murder iu the first degree, or entitled to an acquittal upon the ground of self-defense. The proof on the part of the state tended to prove murder; that of the defense, justifiable homicide. There was no middle ground; no evidence upon which to base a verdict of manslaughter. 34 Arh., 376; Mansf.
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APPEAL from Sebastian Circuit Court. JNo. S. Little, Judge. - The only issue upon the facts before thejury was whether the defendant was guilty of murder iu the first degree, or entitled to an acquittal upon the ground of self-defense. The proof on the part of the state tended to prove murder; that of the defense, justifiable homicide. There was no middle ground; no evidence upon which to base a verdict of manslaughter. 34 Arh., 376; Mansf. Dig., 1516, 1532 — 3. The theory of the state was fouud to be false, thejury by the verdict having acquitted defendant of murder (34 Arh., 376), and there…
1Opinion of the CourtCockRILL, C. J.
The defendant was indicted and tried for murder. The jury returned the following verdict, viz: “ We, the jury, find the defendant.guilty of manslaughter, but cannot agree upon the punishment.” The court sentenced him to three years and six month’s imprisonment in the penetentiary. Several grounds for a new trial assigned in the motion filed for that purpose find no support in the bill of exceptions, and need not be noticed. Among these is the overruling of the motion for a continuance, which is argued by counsel. '
It is coniended by the appellant that the evidence adduced at the trial leads…
2Cases cited2 opinions
- Adams v. StateOhio Supreme Court · 1876
- Welch v. StateSupreme Court of Georgia · 1873
3Cited by26 opinions
- People v. FarrellMichigan Supreme Court · 1906
- Clark v. StateSupreme Court of Arkansas · 1925
- People v. MuhlnerCalifornia Supreme Court · 1896
- Register v. StateCourt of Appeals of Georgia · 1911
- Rogers v. StateSupreme Court of Arkansas · 1918
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