Wells v. State
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Henry W. Wells, Judge; The evidence does not support a conviction for assault. Under the.statute, there are three essential elements in the crime of assault, all of which must appear from the evidence before a conviction can be sustained, viz.: (1) an intent; (2) an unlawful attempt, and. (3) the present ability to commit a violent injury on the person of another.
Read the full summary
Appeal from Drew Circuit Court; Henry W. Wells, Judge; The evidence does not support a conviction for assault. Under the.statute, there are three essential elements in the crime of assault, all of which must appear from the evidence before a conviction can be sustained, viz.: (1) an intent; (2) an unlawful attempt, and. (3) the present ability to commit a violent injury on the person of another. The evidence affirmatively shows the absence of the third element of the offense in this case. 61 N. C. 434; 3 Gfreenleaf on Ev., § 59; Bishop, Crim. Law, § 419; 49 Ark. 179, 182; 77 Ark. 39; 88 Ark.…
1Opinion of the CourtSmith, J.
The appellant, Dave Wells, was indicted by the grand jury of Drew County for the crime of assault with intent to kill, alleged to have been committed “in and upon one Dallas Calhoun,” and upon his trial for that offense, he was convicted of a simple assault, and fined the sum of $50. The appeal questions the sufficiency of the evidence to sustain that verdict. The assault was alleged to have been committed with a knife, and the appellant insists that the proof upon the part of the State shows that he was never at any time nearer than from seven to ten feet of the said Calhoun, and that he did…
2Cases cited3 opinions
- Keefe v. StateSupreme Court of Arkansas · 1857
- Jones v. StateSupreme Court of Arkansas · 1909
- Pratt v. StateSupreme Court of Arkansas · 1887
3Cited by6 opinions
- United States v. SmithUnited States Court of Military Appeals · 1954
- Wooten v. StateCourt of Appeals of Arkansas · 1990
- Ball v. StateSupreme Court of Arkansas · 1936
- Dodd v. StateSupreme Court of Arkansas · 1934
- The People v. RockwoodIllinois Supreme Court · 1934
1 more not listed; retrieve them via the Exa API.