Gill v. State
Supreme Court of Arkansas
Appeal from Union Circuit Court. Charles W. Smith, Judge. 1. The ninth instruction appears to be a contradiction of the law, rendering nugatory the rule and right of impeachment. It invades the province of the jury. The tenth also invades the province of the jury, and is argumentative. The eleventh, twelfth and thirteenth are abstract, and inapplicable to the State’s theory.
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Appeal from Union Circuit Court. Charles W. Smith, Judge. 1. The ninth instruction appears to be a contradiction of the law, rendering nugatory the rule and right of impeachment. It invades the province of the jury. The tenth also invades the province of the jury, and is argumentative. The eleventh, twelfth and thirteenth are abstract, and inapplicable to the State’s theory. They tended to mislead and confuse the jury. 20 S. W. 588-590. The fourteenth is objectionable because it directed the jury not to consider Will McGough’s criminal surroundings—his pardon of confessed murder, etc., in…
1Opinion of the CourtWood, J.
i. joiuderof counts as priaciPalandas accessory.
The appellant was jointly indicted with
t . Jack Gill, m the Union circuit court, for the crime of murder in the first degree. The indictment is in two counts, the first charging appellant as principal with Jack Gill, and the second charging him as accessory before the fact to the murder by Jack Gill. It is permissible to charge one as principal and as accessory before the fact, in the same indictment. Lay v. State, 42 Ark. 105; Thompson v. Com. 1 Met. (Ky.) 13; 2 Bishi Cr. Pr. sec. 7. The court did not err in overruling the ■demurrer, nor in…
2Cases cited6 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Commonwealth v. DohertyMassachusetts Supreme Judicial Court · 1884
- People v. Ah ChungCalifornia Supreme Court · 1880
- Cox v. ViseSupreme Court of Arkansas · 1887
- Lay v. StateSupreme Court of Arkansas · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Crenshaw v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
- State v. RitzMontana Supreme Court · 1922
- Wilson v. StateSupreme Court of Arkansas · 1934
- Astwood v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- Lackey v. StateSupreme Court of Arkansas · 1900
11 more not listed; retrieve them via the Exa API.