Wheatley v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Evans, Judge; 1. All the instructions given at the request of the State are erroneous. The first section of instruction 1 tells the jury that, in order to justify the killing on the ground of self-defense, it must he shown “that there was a necessity to kill by the defendant to save his own life or to prevent great bodily harm,” etc.
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Appeal from Garland Circuit Court; W. H. Evans, Judge; 1. All the instructions given at the request of the State are erroneous. The first section of instruction 1 tells the jury that, in order to justify the killing on the ground of self-defense, it must he shown “that there was a necessity to kill by the defendant to save his own life or to prevent great bodily harm,” etc. This leaves out the defense of apparent necessity, and also denies to defendant the right to protect his brother from apparently impending death or injury. Wharton on Homicide (3 ed.), § 340. 2. Under the second section,…
1Opinion of the CourtBattle, J.
On an indictment for murder in the first degree R. A. Wheatley was convicted of manslaughter, committed by killing Bud Robbins. His punishment was assessed at two years’ imprisonment in the penitentiary. He has appealed to this court.
On or about the 23d day of January, 1909, the defendant having learned that his son had been mistreated by one Wacasey, he and his brother, N. T. Wheatley, went to Robbins’s pool room in Hot Springs, in this State, to investigate the wrong done his son. When he was making the investigation, Bud Robbins, without being questioned, denied that his son had been…
2Cases cited10 opinions
- State v. GreerWest Virginia Supreme Court · 1883
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Vance v. StateSupreme Court of Arkansas · 1902
- Smith v. StateSupreme Court of Arkansas · 1894
- Magness v. StateSupreme Court of Arkansas · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brockwell v. StateSupreme Court of Arkansas · 1976
- Johnson v. StateTennessee Supreme Court · 1911
- Turner v. StateSupreme Court of Arkansas · 1917
- Caughron v. StateSupreme Court of Arkansas · 1911
- Price v. StateSupreme Court of Arkansas · 1914
6 more not listed; retrieve them via the Exa API.