Edwards v. State
Supreme Court of Arkansas
Appeal from Drew Circuit Court; II. W. Wells, Judge; There was error in the court’s charge. ■ Nos. 13, 15, 18 and 19 are in conflict with No. 10 for defendant. There is no error in the instructions. No. 13 is a copy of Kirby’s Dig., § 1797. No. 15 was approved in 76 Ark. 515, and is taken from Dig., § 1798. No. 18 was not prejudicial. If defendant negligently threw a stick at defendant, he was guilty of involuntary manslaughter. 100 Ark. 330-335; 68 Id. 310.
1Opinion of the CourtMcCulloch, C. J.
The indictment charges the de-
fendant, Walter Edwards, with the crime of murder, alleged to have been committed by striking or beating with a stick, and killing, one O. B. Towles. On the trial of the case before a jury, the defendant was convicted of involuntary manslaughter, and his punishment was fixed at one year in the State penitentiary.
The evidence shows that the defendant and Towles became engaged in an altercation, and that defendant struck Towles on the head with a stick of wood, which fractured the latter’s skull, and death resulted.
There was a sharp conflict in the testimony…
2Cases cited1 opinion
- State v. HardisterSupreme Court of Arkansas · 1882
3Cited by5 opinions
- Yarbrough v. StateSupreme Court of Arkansas · 1944
- Hicks v. StateSupreme Court of Arkansas · 1956
- White v. StateSupreme Court of Arkansas · 1924
- McGough v. StateSupreme Court of Arkansas · 1915
- McGarrah v. StateSupreme Court of Arkansas · 1950