Jones v. State
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; H. W. Wells, Judge; Under an indictment for assault with intent to kill, there can be no conviction of an assault and battery, unless the indictment alleges a battery as well as an assault. 15 Ark. 204'; 19 Ark. 305; 13 Ark. 712; 38 Ark. 550; 41 Ark. 359; 45 Ark. 464, 470; Kirby’s Dig., § 2413; 12 Cyc. 767. See also Kirby’s Dig., § 2427; 29 Ark. 69. 1. Under the Code, Kirby’s Dig., §§ 2413, 2414, a conviction for assault and battery may be…
Read the full summary
Appeal from Dallas Circuit Court; H. W. Wells, Judge; Under an indictment for assault with intent to kill, there can be no conviction of an assault and battery, unless the indictment alleges a battery as well as an assault. 15 Ark. 204'; 19 Ark. 305; 13 Ark. 712; 38 Ark. 550; 41 Ark. 359; 45 Ark. 464, 470; Kirby’s Dig., § 2413; 12 Cyc. 767. See also Kirby’s Dig., § 2427; 29 Ark. 69. 1. Under the Code, Kirby’s Dig., §§ 2413, 2414, a conviction for assault and battery may be had upon an indictment such as this. It sufficiently charges a battery to support the verdict. 2 Bishop, Crim. Prae. §…
1Opinion of the CourtFrauenthal, J.
Defendant, W. B. Jones, was indicted for the crime of assault with intent to ldll. In the indictment it was charged that the defendant “in and upon one J.' W. McCreary, then and there being, unlawfully, feloniously, wilfully and deliberately and of his malice aforethought, did make an assault with a certain deadly weapon, towit, a knife, no considerable provocation appearing, with the felonious intent then and there him, the said J. W. McCreary, to kill and murder.” Upon a trial under this indictment, the jury returned the following verdict: “We, the jury, find defendant guilty of assault and…
2Cases cited6 opinions
- Hogan v. StateSupreme Court of Florida · 1900
- Bryant v. StateSupreme Court of Arkansas · 1883
- Barton v. StateSupreme Court of Arkansas · 1874
- Sweeden v. StateSupreme Court of Arkansas · 1857
- Childs v. StateSupreme Court of Arkansas · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- People v. HopperSupreme Court of Colorado · 1917
- Crank v. StateSupreme Court of Arkansas · 1924
- Francis v. StateSupreme Court of Arkansas · 1934
- Brown v. StateSupreme Court of Arkansas · 1913
7 more not listed; retrieve them via the Exa API.