Taylor v. State
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court, Northern District; Hance N. Hutton, Judge; ■ Deceased was not acting in self-defense when he stepped back and attempted to draw his pistol for the purpose of shooting appellant, because he had struck him in a sudden quarrel. 93 Aide. 414; 84 Ark. 121; 49 Ark. 543. And the mere fact that appellant in a sudden quarrel 'had struck deceased did not cause him to forfeit his right to defend his life in the event it should afterwards become…
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Appeal from Woodruff Circuit Court, Northern District; Hance N. Hutton, Judge; ■ Deceased was not acting in self-defense when he stepped back and attempted to draw his pistol for the purpose of shooting appellant, because he had struck him in a sudden quarrel. 93 Aide. 414; 84 Ark. 121; 49 Ark. 543. And the mere fact that appellant in a sudden quarrel 'had struck deceased did not cause him to forfeit his right to defend his life in the event it should afterwards become necessary to do so. 62 Ark. 286, 307. If there is any error in an3>- of the instructions relative to either degree of murder,…
1Opinion of the CourtHart, J.
The defendant, John P. Taylor, was indicted for the crime of murder in the first degree, charged to have been committed by killing one Jim Cain. He was tried by a jury, and convicted of manslaughter, his punishment being assessed at the term of two years in the State penitentiary.
Cain and Taylor lived on adjoining places near the town of McCrory, in Woodruff 'County, Ark. Cain was moving to the town, and, after his household effects had been moved, he sent Porter and Taylor back to take some wire off the fence. They took it all off except some on the' side fence, which some of the witnesses…
2Cases cited1 opinion
- Daniels v. StateSupreme Court of Arkansas · 1905
3Cited by4 opinions
- McDonald v. StateSupreme Court of Arkansas · 1912
- Gibson v. StateSupreme Court of Arkansas · 1918
- Johnson v. StateSupreme Court of Arkansas · 1911
- McKinney v. StateSupreme Court of Arkansas · 1919