Hunter v. State
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; 1. Appellant was indicted as a principal, but on the trial the State relied upon the fact that he was present aiding and abetting the crime, under § 1563, Kirby's Dig. This statute does not relieve the State from so drawing its indictment that defendant may know exactly what he is charged with. Const. Ark. art. 2, § 10; Kirby’s Dig., § 2243; 64 Ark. 188; 37 Id. 275; 41 Id. 175; 34 Id. 435; 53 Pac. 709; 4 Okla.
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Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; 1. Appellant was indicted as a principal, but on the trial the State relied upon the fact that he was present aiding and abetting the crime, under § 1563, Kirby's Dig. This statute does not relieve the State from so drawing its indictment that defendant may know exactly what he is charged with. Const. Ark. art. 2, § 10; Kirby’s Dig., § 2243; 64 Ark. 188; 37 Id. 275; 41 Id. 175; 34 Id. 435; 53 Pac. 709; 4 Okla. Cr. 224; 140 Am. St. 683; 112 Id. 238; 123 Id. 189; 94 Ark. 242. 2. The court’s charge was erroneous. 37 Ark. 275. 3. The…
1Opinion of the CourtKirby, J.
Appellant was duly indicted for the murder of one T. P. Patterson, by cutting and stabbing him with a knife.
There was no attempt to show that he struck the fatal blow with the knife, as charged, or that he made any attempt to strike deceased in any way whatever, but only that he was present, aiding and abetting in the commission of the offense, which was done by one Walter Manasco.
It is insisted, first, that the testimony is not responsive to the charge of the indietmenty and that it is insufficient to support the conviction.
Under our statute, “All persons being present, aiding and abetting…
2Cases cited14 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Raiford v. StateSupreme Court of Alabama · 1877
- Brown v. StateSupreme Court of Arkansas · 1892
- State v. PaytonSupreme Court of Missouri · 1886
- People v. OuteverasCalifornia Supreme Court · 1874
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Parker v. StateSupreme Court of Arkansas · 1979
- Henry v. StateSupreme Court of Arkansas · 1922
- Williams v. StateSupreme Court of Arkansas · 1922
- Jones v. StateSupreme Court of Arkansas · 1913
- Pritchett v. StateSupreme Court of Arkansas · 1923
6 more not listed; retrieve them via the Exa API.