Legal Opinion

Evans v. State

Supreme Court of Arkansas

Decided January 17, 1921PublishedCited by 3 opinions

Appeal from Prairie Circuit Court, Southern District; George 'W. Clark, Judge; 1. The court erred in its refusal to instruct the jury on aggravated assault as requested by defendant. 72 Ark. 571; 96 Id. 52; 131 S. "W. 46; 103 Ark. 28; 21 Cyc. 785. 2. The verdict is not supported by the evidence.

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Appeal from Prairie Circuit Court, Southern District; George 'W. Clark, Judge; 1. The court erred in its refusal to instruct the jury on aggravated assault as requested by defendant. 72 Ark. 571; 96 Id. 52; 131 S. "W. 46; 103 Ark. 28; 21 Cyc. 785. 2. The verdict is not supported by the evidence. Before defendant could be convicted of assault with intent to kill, the evidence must be of such weight and sufficiency as to make it appear beyond reasonable doubt that, had death ensued, the defendant would have been guilty of murder in the first .or second degree. 21 Cyc., pp. 789-90; 110 Ark.…

1Opinion of the CourtHart, J.

W. T. Evans prosecutes this appeal to reverse a judgment of conviction against himself for the crime of assault with intent to kill.

A. J. Screeton was the prosecuting witness. According to his testimony, he was 63 years of age and had known the defendant, W. T. Evans, for twenty-five years at the time the alleged assault was committed. On the 24th day of March, 1920, Screeton went to the back side of Simms’s store in the town of Hazen, in Prairie County, Arkansas, and saw the defendant, Evans, standing in the door. Screeton told Evans that he wanted to talk to him about their land matter, and…

2Cases cited5 opinions

  1. Johnson v. StateSupreme Court of Arkansas · 1918
  2. Hankins v. StateSupreme Court of Arkansas · 1912
  3. Allen v. StateSupreme Court of Arkansas · 1915
  4. Bradshaw v. StateSupreme Court of Arkansas · 1910
  5. Slaytor v. StateSupreme Court of Arkansas · 1919

3Cited by3 opinions

  1. Davis v. StateSupreme Court of Arkansas · 1944
  2. Craig v. StateSupreme Court of Arkansas · 1943
  3. Lewis v. StateSupreme Court of Arkansas · 1945

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