Gibson v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court, Second Division; W. J. Driver, Judge; 1. The indictment is defective as it does not allege that the pistol was loaded with gunpowder and balls. 2 Bishop New Cr.
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Appeal from Greene Circuit Court, Second Division; W. J. Driver, Judge; 1. The indictment is defective as it does not allege that the pistol was loaded with gunpowder and balls. 2 Bishop New Cr. Proc. § 514 (2); Bishop Div. and Forms (2 Ed.) 520 and notes. 2. Incompetent jurors were accepted. 79 Ark. 127. 3. The court erred in excluding testimony of B. R. Hopkins. 3 Wigmore on Ev. § 1730. 4. The court erred in refusing instruction No. 1 on the theory of self-defense. 86 Ark. 30; 73 Id. 126; 19 A. & E. Cases 118; 70 Kan. 241; 10 Enc. PL & Pr. 173; 40 N. E. 525; 46 S. W. 491; 107 Id. 739; 1…
1Opinion of the CourtSmith, J.
On Christmas day, 1917, about seven ■o’clock P, M., John Wise, the constable of Clarke Township, in Greene County, was shot and instantly killed in the Main Hotel in the City of Paragould, Arkansas. No one was present at the killing except John Wise, Croft Morris and E. T. Gibson, who was the owner of the hotel. Gibson was indicted at the May, 1918, term of the Greene Circuit Court for murder in the first degree, and at his trial was convicted of murder in the second degree and his punishment fixed at twenty-one years in the penitentiary, and lie has prosecuted this appeal to reverse that…
2Cases cited9 opinions
- Atkins v. StateSupreme Court of Arkansas · 1855
- Sullins v. StateSupreme Court of Arkansas · 1906
- Blair v. StateSupreme Court of Arkansas · 1901
- Wheatley v. StateSupreme Court of Arkansas · 1910
- Cooper v. StateSupreme Court of Arkansas · 1908
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3Cited by6 opinions
- Borland v. StateSupreme Court of Arkansas · 1923
- Karnes v. StateSupreme Court of Arkansas · 1923
- Sease v. StateSupreme Court of Arkansas · 1922
- Flake v. StateSupreme Court of Arkansas · 1922
- Phares v. StateSupreme Court of Arkansas · 1922
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