Warren v. State
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; There is no proof to sustain a conviction of aggravated assault. Kirby’s Digest, § 1587. The evidence clearly. shows an abandoned and malignant disposition on the part of the assailants, and is sufficient to sustain the verdict, under the statute.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; There is no proof to sustain a conviction of aggravated assault. Kirby’s Digest, § 1587. The evidence clearly. shows an abandoned and malignant disposition on the part of the assailants, and is sufficient to sustain the verdict, under the statute. Kirby’s Digest, § 1587. It is immaterial whether Warren actually kicked Tardy or not; it is manifest that he aided, participated in and assented to the commission of the crime. 45 Ark. 361.
1Opinion of the CourtBattue, J.
John P. Warren was indicted by grand jury of Nevada County for an assault with an intent to kill one A. H. Tardy, and was' convicted of an aggravated assault, and his punishment was assessed at a fine of $500, and imprisonment for one hour in jail; and he appealed.
The evidence adduced in the trial tended to prove the following facts: Appellant and A. H.' Tardy met at a hotel in the town of Prescott, in this State, and after conversation for a few minutes took a drink of whisky, and then started out for a walk through a park. While walking, they were overtaken by one Joseph Brown, and Tardy…
2Cases cited2 opinions
- Vance v. StateSupreme Court of Arkansas · 1902
- Darden v. StateSupreme Court of Arkansas · 1904
3Cited by9 opinions
- State v. RamirezIdaho Supreme Court · 1921
- Williams v. StateSupreme Court of Arkansas · 1931
- United States v. RochaCourt of Appeals for the Ninth Circuit · 2010
- Wilson v. StateSupreme Court of Arkansas · 1924
- Harris v. StateSupreme Court of Arkansas · 1915
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