Rayburn v. State
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Jeiuttha H. Evans, Judge. The sixth instruction was erroneous. 11 Ark. 456, 548, 460; Sand. & H. Dig., § 644. The indictment did not property submit to the jury the question of appellant’s guilt of murder in the first degree, committed in the perpetration of or attempt to perpetrate robber}'-. Sand. & JEL Dig., § 2-674; 26 Ark. 330; 2 Ark. 497; 3 Bish. Cr.
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Appeal from Crawford Circuit Court. Jeiuttha H. Evans, Judge. The sixth instruction was erroneous. 11 Ark. 456, 548, 460; Sand. & H. Dig., § 644. The indictment did not property submit to the jury the question of appellant’s guilt of murder in the first degree, committed in the perpetration of or attempt to perpetrate robber}'-. Sand. & JEL Dig., § 2-674; 26 Ark. 330; 2 Ark. 497; 3 Bish. Cr. Proc. § 589. The burden was not on appellant to show his absence at the time of the commission of the crime. 55 Ark. 248; 105 Mass. 451; 100 Mass. 487; 39 Oh. St. 315; 93 Mich. 641; 18 Neb. 154; 64 N.…
1Opinion of the CourtWood, J.
Appellant was convicted of murder in the first degree upon an indictment charging that he “did unlawfully, wil-fully, feloniously, and of his malice aforethought, and after premeditation and deliberation, kill and murder one A. T. Carpenter,” etc. The record shows that the state introduced several witnesses, “whose testimony tended to show by facts and circumstances that the defendant was guilty as charged in the indictment of murder in the first degree.” On behalf of defendant several witnesses testified to facts tending to establish an alibi.
We are asked to reverse because the court gave…
2Cases cited4 opinions
- State v. HopkirkSupreme Court of Missouri · 1884
- Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
- People v. . GiblinNew York Court of Appeals · 1889
- Ware v. StateSupreme Court of Arkansas · 1894
3Cited by33 opinions
- Bosnick v. StateSupreme Court of Arkansas · 1970
- State v. ThorneUtah Supreme Court · 1911
- State v. BoltonMontana Supreme Court · 1922
- Williams v. StateSupreme Court of Arkansas · 1912
- Sloan v. StateSupreme Court of Florida · 1915
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