Slaytor v. State
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Turner Butler, Judge; 1. The evidence shows that the cutting was the result of a mutual combat without the slightest malice or intent to kill on part of appellant. Blankenship was the initial mover in the whole matter, he used the first insulting language, struck the first blow and threw brickbats at Rufus Slaytor as he ran off.
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Appeal from Bradley Circuit Court; Turner Butler, Judge; 1. The evidence shows that the cutting was the result of a mutual combat without the slightest malice or intent to kill on part of appellant. Blankenship was the initial mover in the whole matter, he used the first insulting language, struck the first blow and threw brickbats at Rufus Slaytor as he ran off. There is no proof of malice or intent to kill,; both are necessary, 88 Ark. 579. 2. It was error to give instruction No. 1 for the State. 82 Ark. 64; 88 Ark. 579. The instructions given are abstract, as there was no evidence upon…
1Opinion of the CourtHumphreys, J.
Appellant was indicted, tried and convicted in the Bradley Circuit Court, for an assault with intent to kill one E. P. Blankenship, by cutting him with a knife on or about March 4, 1919. His punishment was assessed at two years’ imprisonment in the State penitentiary. Prom the judgment of conviction, an appeal has been duly prosecuted to this court.
(1-2) It is insisted by appellant that the undisputed evidence showed that the cutting was the result of a mutual combat, without the slightest malice or intent to kill on the part of appellant. Both intent to kill and malice, were necessary…
2Cases cited3 opinions
- Davis v. StateSupreme Court of Arkansas · 1914
- Satterwhite v. StateSupreme Court of Arkansas · 1907
- Allen v. StateSupreme Court of Arkansas · 1915
3Cited by7 opinions
- Davis v. StateSupreme Court of Arkansas · 1944
- Moore v. StateSupreme Court of Arkansas · 1972
- Craig v. StateSupreme Court of Arkansas · 1943
- Brascomb v. StateSupreme Court of Arkansas · 1977
- Evans v. StateSupreme Court of Arkansas · 1921
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