Ince v. State
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Danville District; Wieeiam L. Moose, Judge; STATEMENT BY THE COURT. The • defendant, James W. Ince, was indicted, tried and convicted of the crime of murder in the first degree for killing his wife and three children. Counsel was appointed by the court to conduct his defense, and a plea of insanity was interposed. The fact that he committed the homicide is not disputed, and the proof discloses a most shocking deed.
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Appeal from Yell Circuit Court, Danville District; Wieeiam L. Moose, Judge; STATEMENT BY THE COURT. The • defendant, James W. Ince, was indicted, tried and convicted of the crime of murder in the first degree for killing his wife and three children. Counsel was appointed by the court to conduct his defense, and a plea of insanity was interposed. The fact that he committed the homicide is not disputed, and the proof discloses a most shocking deed. According to defendant’s confession, he arose at an early hour in the morning, and with an ax killed his wife and their three small children, the…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. Counsel urge that the court erred in refusing the third instruction asked by ■defendant, that, “if no motive be shown, it is a circumstance in favor of the defendant’s innocence, to be considered by the jury.” In criminal prosecutions it is competent to introduce testimony ■of facts and circumstances tending to show a motive or absence of motive for the commission of the crime by the accused, as tending, with more or less force, to establish his guilt or innocence. It is not improper for the court to instruct the jury that they may consider such…
2Cases cited2 opinions
- Linton v. StateSupreme Court of Arkansas · 1904
- State v. HelmSupreme Court of Arkansas · 1901
3Cited by29 opinions
- State v. McLennanIdaho Supreme Court · 1925
- Hogue v. StateSupreme Court of Arkansas · 1910
- Benson v. StateSupreme Court of Arkansas · 1921
- Bullen v. StateSupreme Court of Arkansas · 1922
- Sneed v. StateSupreme Court of Arkansas · 1923
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