Ferguson v. State
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; The separation of the jury without an order of court is prima facie ground for a new trial. 44 Ark. 1x5; 57 Ark. 1; 73 Ark. 501; 84 Ark. 569; 12 Ark. 782; 33 Ark. 317; 20 Ark. 36; Id. 53; 26 Ark. 323; 28 Ark. 155; 34 Ark. 341; 35 Ark. 118. If the assault is so fierce as to make it apparently as dangerous to retreat as to stand, it is not the duty of one assaulted to retreat. 49 Ark. 547; 64 Ark. 147; 62 Ark. 286.…
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Appeal from Columbia Circuit Court; George W. Hays, Judge; The separation of the jury without an order of court is prima facie ground for a new trial. 44 Ark. 1x5; 57 Ark. 1; 73 Ark. 501; 84 Ark. 569; 12 Ark. 782; 33 Ark. 317; 20 Ark. 36; Id. 53; 26 Ark. 323; 28 Ark. 155; 34 Ark. 341; 35 Ark. 118. If the assault is so fierce as to make it apparently as dangerous to retreat as to stand, it is not the duty of one assaulted to retreat. 49 Ark. 547; 64 Ark. 147; 62 Ark. 286. Inconsistent and contradictory instructions should not be given. 13 Ark. 360; 54 Ark. 588; 55 Ark. 397. Appellant must show…
1Opinion of the CourtBattle, J.
At the August, 1909, term of the Columbia Circuit Court, the grand jury indicted John Ferguson for murder in the first degree, committed by killing Dock Owens. He was tried by a jury, and convicted of voluntary manslaughter, and his punishment was assessed at two years in the State penitentiary. He filed a motion for a new trial, one ground of which .was the misconduct of one of the jurors, and filed two affidavits to sustain it, which are as follows:
“G. B. Mixon states that he lives in the town of Magnolia, county of Columbia, and State of Arkansas; that he is engaged in the mercantile…
2Cases cited1 opinion
- Maclin v. StateSupreme Court of Arkansas · 1884
3Cited by6 opinions
- Clark v. StateSupreme Court of Arkansas · 1922
- Gibson v. StateSupreme Court of Arkansas · 1918
- Holt v. StateSupreme Court of Arkansas · 1917
- Hornsby v. StateSupreme Court of Arkansas · 1924
- Arnott v. StateSupreme Court of Arkansas · 1913
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