Clerget v. State
Supreme Court of Arkansas
Appeal from 'Conway Circuit Court; Hugh Basham, Judge; 1. The 'Court’s charge to the jury that they might convict if they found that appellant assented to an assault by Malone was erroneous. 65 Mo. 29; 81 111. 333; Saekett’s Inst, to Juries, 2 Ed. 656. Mere consent to the commission of a crime, if no aid is given nor encouragement rendered, does not constitute participation therein. Patterson, Inst. Crim. Causes, 183 ; 106 Mo. in; 134 Mo. 109; 2 Wharton, Crim.
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Appeal from 'Conway Circuit Court; Hugh Basham, Judge; 1. The 'Court’s charge to the jury that they might convict if they found that appellant assented to an assault by Malone was erroneous. 65 Mo. 29; 81 111. 333; Saekett’s Inst, to Juries, 2 Ed. 656. Mere consent to the commission of a crime, if no aid is given nor encouragement rendered, does not constitute participation therein. Patterson, Inst. Crim. Causes, 183 ; 106 Mo. in; 134 Mo. 109; 2 Wharton, Crim. Eaw, § 211 d; 2 Am. & Eng. Enc. ofX. 2 Ed. 32; 14 S. W. ,685; 60 Am. Dec. 374; 2 Hawkins, P. C. § 10; 1 Russell on Crimes, 627; x…
1Opinion of the CourtHill, C. J.
Appellant was convicted of assault and battery upon Miss Octavia Cook, and was fined one hundred dollars, and has appealed. The evidence on behalf of the State, briefly stated, w.as this: Clerget was making the rounds in his buggy to warn road^hands to work, and took one Malone, whom he knew to be an habitual drunkard, in the buggy with him. Clerget told Malone: “On our rounds somewhere there are some girls we can go to and have a good time,” and that he would indicate the place by a sign when he reached it. When they reached the Cook residence, Clerget went in and gave the sign to Malone…
2Cases cited3 opinions
- Foster v. StateSupreme Court of Arkansas · 1885
- Beattie v. StateSupreme Court of Arkansas · 1905
- Sanders v. StateSupreme Court of Arkansas · 1856
3Cited by1 opinion
- Moreland v. StateSupreme Court of Arkansas · 1916