Allen v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Joel I). Conway, Judge. . The second instruction was erroneous. Sand. & H. Dig., § 1643; 2 Thomp. Trials, § 2315. Instruction number nine invades the province of the jury. 52 Ark. 265; 50 Ark. 391-417; 55 Ark. 393; 2 Thomp. Trials, § 2326. The statement of deceased as to who shot him was only an opinion. 52 Ark. 347; 39 Ark. 225; 1 Greenl.
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Appeal from Miller Circuit Court. Joel I). Conway, Judge. . The second instruction was erroneous. Sand. & H. Dig., § 1643; 2 Thomp. Trials, § 2315. Instruction number nine invades the province of the jury. 52 Ark. 265; 50 Ark. 391-417; 55 Ark. 393; 2 Thomp. Trials, § 2326. The statement of deceased as to who shot him was only an opinion. 52 Ark. 347; 39 Ark. 225; 1 Greenl. Ev. § 159. Every instruction should be hypothetical. 31 Ark. 699^; 14 Ark. 287; 59 Ark. 419; 16 Ark. 569; Thomp. Trials, § 47. It is dangerous to rely upon instructions as abstract principles. 37 Ark. 580; 9 Ark. 212; 13…
1Opinion of the CourtBattle, J.
Ossey Allen was indicted by a grand jury of the Miller circuit court for murder in the first degree, .charged to have been committed by feloniously, with malice aforethought, with deliberation and premeditation, killing John Gayton, in the county of Miller, in this state, on the 31st day of'March, 1900, by shooting him with a pistol. To this indictment the defendant pleaded not guilty, and was tried and convicted of murder in the first degree. He moved for a new trial, which was denied; and he then appealed to this court.. The evidence adduced by the state tended to prove, substantially, as…
2Cases cited1 opinion
- Lackey v. StateSupreme Court of Arkansas · 1900
3Cited by17 opinions
- State v. MintonSupreme Court of North Carolina · 1952
- Dewein v. StateSupreme Court of Arkansas · 1914
- Cascio v. StateSupreme Court of Arkansas · 1948
- Commonwealth v. MarionSupreme Court of Pennsylvania · 1911
- Williams v. StateSupreme Court of Arkansas · 1912
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