Parsley v. State
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; George W. Clark, Judge; Instruction No. 5, given by the court, is in substance the same instruction given on a former trial, which was the error for which the case was remanded for new trial. Parsley v; State, 148 Ark. 518. The giving of this instruction calls for the reversal of the case. We concede error in the giving of instruction No. 5.
1Opinion of the CourtHart, J.
Allie Parsley prosecutes this appeal to reverse a judgment of conviction against himself for the crime of assault with intent to kill.
This is the second appeal in the case, and the evidence is not materially different from that in the former appeal. Reference is made to the opinion for a particular statement of facts. Parsley v. State, 148 Ark. 518.
On the former appeal it was held that our statute providing that in homicide cases, if the killing is established, the burden of proving mitigating circumstances justifying or excusing the homicide shall devolve on the accused, does not apply to…
2Cases cited6 opinions
- Turner v. StateSupreme Court of Arkansas · 1917
- Lee v. StateSupreme Court of Arkansas · 1904
- Fowler v. StateSupreme Court of Arkansas · 1917
- Webb v. StateSupreme Court of Arkansas · 1921
- Parsley v. StateSupreme Court of Arkansas · 1921
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brockwell v. StateSupreme Court of Arkansas · 1976
- Durham v. StateWyoming Supreme Court · 1922
- Decker v. StateSupreme Court of Arkansas · 1962
- Armstrong v. StateSupreme Court of Arkansas · 1972
- Brockwell v. StateSupreme Court of Arkansas · 1976
2 more not listed; retrieve them via the Exa API.