Culbreath v. State
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Henry W. Wells, Judge; 1. Proof of threats and ill will is not alone sufficient to authorize conviction in cases of homicide. 21 Cyc. 1008. Strong probability or suspicion is not sufficient, but the proof must be such as to satisfy the mind of a reasonable person to a moral certainty or beyond a reasonable doubt. 21 Cyc. 1006. - 2. The evidence is not sufficient to justify a conviction because it fails to identify and connect the defendant…
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Appeal from Bradley Circuit Court; Henry W. Wells, Judge; 1. Proof of threats and ill will is not alone sufficient to authorize conviction in cases of homicide. 21 Cyc. 1008. Strong probability or suspicion is not sufficient, but the proof must be such as to satisfy the mind of a reasonable person to a moral certainty or beyond a reasonable doubt. 21 Cyc. 1006. - 2. The evidence is not sufficient to justify a conviction because it fails to identify and connect the defendant with the homicide. 70 Ark. 556; 88 Va. 20; 13 S. E. 298; 12'S'. W. 502; w6,S. W. 344; 122 S. W. 259; 23 So. 579; 27 So.…
1Opinion of the CourtMcCuuuoch, C. J.
The grand jury of Bradley County returned an indictment against defendant, John Culbreath, for murder in the first degree, which was alleged to have been committed in that county on May 26, 1910, by the killing of Albert Bailey. On ,the trial of the case defendant was convicted of murder in the first degree, and he appealed to this court. The principal 'contention is that the conviction rests entirely upon circumstantial evidence insufficient to sustain the verdict.
Bailey was shot and killed while he was driving along 'a road in his wagon, returning from Warren, the county seat of Bradley…
2Cases cited11 opinions
- Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1900
- State v. RuckSupreme Court of Missouri · 1906
- Frazier v. StateIndiana Supreme Court · 1893
- Chicago City Railway Co. v. RobinsonIllinois Supreme Court · 1888
- Blackshare v. StateSupreme Court of Arkansas · 1910
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3Cited by10 opinions
- Davidson v. StateSupreme Court of Arkansas · 1913
- Copeland v. United StatesCourt of Appeals for the D.C. Circuit · 1945
- Maxwell v. StateSupreme Court of Arkansas · 1963
- Hammond v. StateSupreme Court of Arkansas · 1968
- Morris v. StateSupreme Court of Arkansas · 1912
5 more not listed; retrieve them via the Exa API.