Burnett v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. Instruction numbered 7 is erroneous in that it sets out disjunctively the elements necessary to constitute appellant a principal offender. 122 Cal. 486. It is not a correct statement of the law as regards an accessory to the crime of involuntary manslaughter. It is also erroneous in that it is not applicable to the facts in the case. 79 Iowa, 460. 2. Instructions 18 and 19 are also erroneous.
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Appeal from Sebastian Circuit Court; Styles T. Rowe, Judge; 1. Instruction numbered 7 is erroneous in that it sets out disjunctively the elements necessary to constitute appellant a principal offender. 122 Cal. 486. It is not a correct statement of the law as regards an accessory to the crime of involuntary manslaughter. It is also erroneous in that it is not applicable to the facts in the case. 79 Iowa, 460. 2. Instructions 18 and 19 are also erroneous. Kirby’s Digest, § 1563. Under these instructions the mere fact of defendant’s being present was sufficient to warrant his conviction.
1Opinion of the CourtHill, C. J.
Eli and Oliver Burnett, brothers, were jointly indicted in Scott Circuit Court for murder in the second degree, and Eli Burnett was convicted of involuntary manslaughter.
There was evidence to have justified a verdict of murder in the second degree, voluntary manslaughter or an acquittal, according to which version of the killing of Arie Smith be accepted as the truth, but not a scintilla of evidence of involuntary manslaughter, and no instruction should have been given on that subject. The error of the court in submitting that question has brought about a lower sentence for appellant than he…
2Cases cited8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PritchettSupreme Court of Arkansas · 1898
- McElvaney v. SmithSupreme Court of Arkansas · 1905
- Brinkley Car Works & Manufacturing Co. v. CooperSupreme Court of Arkansas · 1905
- Williams v. StateSupreme Court of Arkansas · 1883
- Davis v. RichardsonSupreme Court of Arkansas · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Weiderman v. United StatesCourt of Appeals for the Eighth Circuit · 1926
- Rogers v. StateSupreme Court of Arkansas · 1918
- Smith v. StateSupreme Court of Arkansas · 1953
- Griffin v. StateSupreme Court of Arkansas · 1970
6 more not listed; retrieve them via the Exa API.