Tanks v. State
Supreme Court of Arkansas
Appeal from Ashley Circuit Court. Zaciiariai-i T. Wood, Justice. The indictment is insufficient. 2 Bish., Cr. Pro., § 527-534; 55 Ark. 558 ; 70 Ark. 523; 65 S. W. 249. The argument of counsel was prejudicial. 62 Ark. 133; 58 Ark. 473. It was error to take the pistol to the jury room. 51 Ark. 553. A new trial should have been granted on the ground'of surprise. 18 Ark. 570; 20 Ark. 53; 26 Ark. 496. The testimony of the'jurors to support the'motion for new trial was improper.
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Appeal from Ashley Circuit Court. Zaciiariai-i T. Wood, Justice. The indictment is insufficient. 2 Bish., Cr. Pro., § 527-534; 55 Ark. 558 ; 70 Ark. 523; 65 S. W. 249. The argument of counsel was prejudicial. 62 Ark. 133; 58 Ark. 473. It was error to take the pistol to the jury room. 51 Ark. 553. A new trial should have been granted on the ground'of surprise. 18 Ark. 570; 20 Ark. 53; 26 Ark. 496. The testimony of the'jurors to support the'motion for new trial was improper. Sand. & PI. Dig., § 2269.
1Opinion of the Court
Bunn, ,C. J.
This is an indictment for murder in the first degree, tried at the January term, 1903, of the Ashley circuit court, and resulting in a conviction of the defendant for murder in the-second degree. Motion for new trial made and overruled, and judgment upon the verdict, and defendant appealed to this court.
The evidence in the case does not justify the verdict of the jury for murder in the second degree, the offense being murder in the first degree or involuntary manslaugher, if anything. There is absolutely no evidence upon which the charge of murder in the first degree can be…
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