Scott v. State
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; J. F. Oautney, Judge; The court’s fourth instruction to the effect that proof of the presence or absence of a motive was immaterial and had no bearing upon an issue of insanity as a defense to the crime of murder, was erroneous (1) because the presence or absence of a motive is often the test as to whether a man’s acts are rational or irrational; (2) because it singles out evidence and calls the attention of the jury…
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Appeal from Craighead Circuit Court, Jonesboro District; J. F. Oautney, Judge; The court’s fourth instruction to the effect that proof of the presence or absence of a motive was immaterial and had no bearing upon an issue of insanity as a defense to the crime of murder, was erroneous (1) because the presence or absence of a motive is often the test as to whether a man’s acts are rational or irrational; (2) because it singles out evidence and calls the attention of the jury to one fact adduced in evidence to the exclusion of other facts equally material. 77 Ark. 418-421. 1. Insanity as a…
1Opinion of the CourtKirby, J.
Appellant appeals from a judgment of conviction of murder in the first degree for killing his wife.
The testimony shows that J. L. Smith and his wife took dinner on the day of the murder at appellant’s house, and that after dinner his wife, the deceased, accompanied Mrs. Smith home. No ill feeling was known by her to exist between appellant and his wife, and she was well acquainted with the family, having lived close to them and known them for a long time. Appellant, shortly afterward, came to Smith’s house, where his wife was visiting, and asked her when she was coming home, and she replied,…
2Cases cited1 opinion
- Ince v. StateSupreme Court of Arkansas · 1905
3Cited by8 opinions
- Walker v. StateSupreme Court of Arkansas · 1965
- Sneed v. StateSupreme Court of Arkansas · 1923
- Tillman v. StateSupreme Court of Arkansas · 1914
- Fields v. StateSupreme Court of Arkansas · 1922
- Prewitt v. StateSupreme Court of Arkansas · 1921
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