Roberson v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. There is no evidence of an assault with the intent to kill, within the language of our statute. The intent must be coupled with the ability to commit a felony. 49 Ark. 179; 77 Id. 37. There is no proof of the speciñc intent to kill, and the burden was on the State to prove such intent. 54 Ark. 283; Id. 340. 2. There was error in the court’s charge.
Read the full summary
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. There is no evidence of an assault with the intent to kill, within the language of our statute. The intent must be coupled with the ability to commit a felony. 49 Ark. 179; 77 Id. 37. There is no proof of the speciñc intent to kill, and the burden was on the State to prove such intent. 54 Ark. 283; Id. 340. 2. There was error in the court’s charge. It was error to strike out the words “after deliberation” and “with deliberation” and insert “maliciously.” 21 Cyc. 704; Id. 706; Blackstone Com. 199; 25 Ark. 446; Wharton on Horn. (3…
1Opinion of the CourtBattue, J.
The indictment in this case, omitting caption, is as follows:
“The grand jury of Miller County, in the name and by the authority of the State of Arkansas, accuse Harry Roberson of the crime of assault with intent to kill, committed as follows, towit:
“The said Harry Roberson, in the county and State aforesaid, on the ioth day of November, A. D. 1909, upon one Fate Floyd, with a certain pistol, a deadly weapon, unlawfully, feloniously and of his malice aforethought, did make an assault with intent him, the said Fate Floyd, then and there being, unlawfully, wilfully, feloniously and of his malice…
2Cases cited6 opinions
- Lacefield v. StateSupreme Court of Arkansas · 1879
- Chrisman v. StateSupreme Court of Arkansas · 1891
- Scott v. StateSupreme Court of Arkansas · 1886
- Felker v. StateSupreme Court of Arkansas · 1891
- Davis v. StateSupreme Court of Arkansas · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jones v. StateSupreme Court of Arkansas · 1923
- Jackson v. StateSupreme Court of Arkansas · 1948