Trimble v. State
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; R. E. L. Johnson, Judge; Instruction No. 12 was erroneous in that it failed to tell the jury that if the evidence which appellant had offered in support of his defense (an alibi), taken in connection with all other evidence in the case, was sufficient to raise a reasonable doubt of his guilt, the jury should acquit him. 110 Ark. 15, citing 105 Mass. 456; 113 Ark. 112; 59 Ark. 379; 102 Ark. 627; 62 Ark. 478. It was…
Read the full summary
Appeal from Mississippi Circuit Court, Osceola District; R. E. L. Johnson, Judge; Instruction No. 12 was erroneous in that it failed to tell the jury that if the evidence which appellant had offered in support of his defense (an alibi), taken in connection with all other evidence in the case, was sufficient to raise a reasonable doubt of his guilt, the jury should acquit him. 110 Ark. 15, citing 105 Mass. 456; 113 Ark. 112; 59 Ark. 379; 102 Ark. 627; 62 Ark. 478. It was error to refuse to give instruction No. 1 requested by appellant, which in substance told the jury to acquit the defendant…
1Opinion of the CourtSmith, J.
Appellant was convicted for assault to kill, and has appealed. His defense is reflected in the only instruction which he asked, which was numbered 1 and reads as follows: “If you believe from the evidence that the defendant was at the home of Ray Causey at the time Charley Stokes was shot, the defendant can not be guilty of the crime as charged in the indictment, and you will acquit him. ’ ’ This instruction was refused, and an exception saved to that action, whereupon the court gave the following instruction numbered 12:
“The defendant pleads an alibi in this case, which means that he was not…
2Cases cited10 opinions
- Brown v. StateSupreme Court of Arkansas · 1892
- Fort v. StateSupreme Court of Arkansas · 1889
- Miller v. StateSupreme Court of Arkansas · 1910
- Anderson v. StateSupreme Court of Arkansas · 1879
- National Lumber Co. v. SnellSupreme Court of Arkansas · 1886
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Seaton v. StateSupreme Court of Arkansas · 1921
- Thurman v. StateSupreme Court of Arkansas · 1947
- Richardson & Shoop v. StateSupreme Court of Arkansas · 1953