Legal Opinion

Parsley v. State

Supreme Court of Arkansas

Decided May 16, 1921PublishedCited by 8 opinions

Appeal from Lonoke Circuit Court; George W. Clark. Judge; 1. The court erred in its instructions. They as a whole fail to give the defendant’s theory of the case, and do not correctly define the law of self-defense. 179 S. W. 1013; 100 Ark. 209; 161 S. W. 186; 91 Ark. 582; 100 Id. 132; 85 Id. 179; 121 S. W. 1070'-; 107 Id. 677. 2. It was error to give the oral instruction.

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Appeal from Lonoke Circuit Court; George W. Clark. Judge; 1. The court erred in its instructions. They as a whole fail to give the defendant’s theory of the case, and do not correctly define the law of self-defense. 179 S. W. 1013; 100 Ark. 209; 161 S. W. 186; 91 Ark. 582; 100 Id. 132; 85 Id. 179; 121 S. W. 1070'-; 107 Id. 677. 2. It was error to give the oral instruction. Constitution, art. 7, § 23, and cases cited; 139 S. "W. 289. The exception to same was properly taken. 95 Ark. 71; 128 S. W. 562; 16 Id. 1081. See, also, 58 Ark. 277; 78 Id. 132. There was no error in the instructions given…

1Opinion of the CourtMcCulloch, C. J.

Appellant was convicted of the crime, of assault with intent to kill, committed by shooting and wounding Prank Gassoway. The alleged assault was committed in the town of England, Lonoke County, where both of the parties to the encounter resided. They had been on bad terms for several years, and in July, 1920, about a month before the shooting occurred, Gas-soway went to Faulkner County on a visit to his father and remained there about a month. He returned to England a day or two before the assault occurred and heard of a report being circulated about him to the effect that he had been…

2Cases cited5 opinions

  1. Lacefield v. StateSupreme Court of Arkansas · 1879
  2. Cogburn v. StateSupreme Court of Arkansas · 1905
  3. Davis v. StateSupreme Court of Arkansas · 1914
  4. Childs v. StateSupreme Court of Arkansas · 1911
  5. Tignor v. StateSupreme Court of Arkansas · 1905

3Cited by8 opinions

  1. Francis v. StateSupreme Court of Arkansas · 1934
  2. Gaines v. StateSupreme Court of Arkansas · 1945
  3. Griffin v. StateSupreme Court of Arkansas · 1925
  4. Parsley v. StateSupreme Court of Arkansas · 1921
  5. Mode v. StateSupreme Court of Arkansas · 1959

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