Dear v. State
Supreme Court of Arkansas
Appeals from Phillips Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. The indictment in this cause charges, in apt words, that the appellant, Pickens Deal, on or about the 15th day of Decernber, 1902, committed the offense of murder in the first degree by shooting one Cuba Bronson in Phillips County, Arkansas. Trial was had at the October term, 1906, of the Phillips Circuit Court, which resulted in a verdict of murder in the first degree.
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Appeals from Phillips Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. The indictment in this cause charges, in apt words, that the appellant, Pickens Deal, on or about the 15th day of Decernber, 1902, committed the offense of murder in the first degree by shooting one Cuba Bronson in Phillips County, Arkansas. Trial was had at the October term, 1906, of the Phillips Circuit Court, which resulted in a verdict of murder in the first degree. The appellant was sentenced to be hanged on the nth day of January, 1907, but obtained stay of execution from this court, and the cause is…
1Opinion of the Court
Wood, J.,
(after stating the facts.) There was evidence to justify a verdict for murder in the first degree, aside from the testimony of Thomas Isaac. But, if the jury had believed appellant, they would have been warranted in acquitting him or in finding him guilty of voluntary manslaughter. The jury might have used the testimony of Isaac to supply the malice and premeditation which but for his testimony they might have concluded did not exist. The testimony of Isaac was therefore prejudicial. It tended to show a general malevolent spirit, a wicked and abandoned disposition; that appellant was…
2Cases cited4 opinions
- Bird v. United StatesSupreme Court of the United States · 1901
- Billings v. StateSupreme Court of Arkansas · 1889
- Casteel v. StateSupreme Court of Arkansas · 1904
- Levy v. StateSupreme Court of Arkansas · 1902
3Cited by5 opinions
- Lewis v. StateSupreme Court of Arkansas · 1922
- Graves v. StateSupreme Court of Arkansas · 1922
- Washington v. StateSupreme Court of Arkansas · 1907
- Breysacher v. StateSupreme Court of Arkansas · 1916
- Browning v. StateSupreme Court of Arkansas · 1961