Turner v. State
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Jephtha H. Evans, Judge. 1. The indictment is not good. The word “feloniously” must be used to charge a felony. 25 Ark. 444 ; 29 id. 147; 2 Dev. & Bat. 297. 2. The word “felonious” is not used in the charging part of the indictment. 60 Ark. 564. The indictment must charge the killing, and not merely the act which results in the killing, to have been done wilfully, deliberately and premedita'tedly. 21 Kas. 43 ; 27 Iowa, 412, 415. 1. Murder…
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Appeal from Crawford Circuit Court. Jephtha H. Evans, Judge. 1. The indictment is not good. The word “feloniously” must be used to charge a felony. 25 Ark. 444 ; 29 id. 147; 2 Dev. & Bat. 297. 2. The word “felonious” is not used in the charging part of the indictment. 60 Ark. 564. The indictment must charge the killing, and not merely the act which results in the killing, to have been done wilfully, deliberately and premedita'tedly. 21 Kas. 43 ; 27 Iowa, 412, 415. 1. Murder is the unlawful killing. Section 1639, Sand. & H. Dig. Murder in the first degree is defined by Sand. & H. Dig. sec.…
1Opinion of the CourtBattee, J.
The defendant, Pruitt Turner, was accused of murder in the first degree. The indictment against him, omitting the caption, was as-follows:
“The grand jury of Franklin county, in and for the Ozark district thereof, in the name and by the authority of the State of Arkansas, accuse P. Turner of the crime of murder in first degree, committed as follows, to-wit: The said P. Turner on the 17th day of February, 1895, in the county and district aforesaid, did unlawfully, willfully, and of his malice aforethought, and after premeditation and deliberation, kill and murder one Bob Hawkins, by shooting…
2Cases cited2 opinions
- Mott v. StateSupreme Court of Arkansas · 1874
- Edwards v. StateSupreme Court of Arkansas · 1869
3Cited by5 opinions
- Hamilton v. StateSupreme Court of Arkansas · 1896
- LaRue v. StateSupreme Court of Arkansas · 1897
- Carter v. StateSupreme Court of Arkansas · 1913
- State v. BillsSupreme Court of Arkansas · 1915
- Farrell v. StateSupreme Court of Arkansas · 1914