Hankins v. State
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; George W. Reed, Judge; 1. That part of the fourth instruction which charged the jury that “it is not necessary that such intent (to kill) be formed for any particular length of time before the assault, but it may be conceived in a moment, ” would be a proper statement of the law where the object of the assault was accomplished and the defendant on trial for murder; but where the defendant is on trial for assault with intent to kill, the…
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Appeal from Cleburne Circuit Court; George W. Reed, Judge; 1. That part of the fourth instruction which charged the jury that “it is not necessary that such intent (to kill) be formed for any particular length of time before the assault, but it may be conceived in a moment, ” would be a proper statement of the law where the object of the assault was accomplished and the defendant on trial for murder; but where the defendant is on trial for assault with intent to kill, the intent must have been so clearly in the mind of the defendant as to leave no doubt that it was there. The instruction was…
1Opinion of the CourtMcCulloch, C. J.
The defendant appeals from a conviction of the crime of assault with intent to kill, alleged to have been committed by shooting one John Shreve with a pistol at the town of Leslie, Searcy County, Arkansas. The trial of the case was had in Cleburne County, on a change of venue.
The undisputed evidence establishes the fact that defendant shot Shreve four times in the left side and back, inflicting dangerous wounds. The wounds did not prove fatal, but Shreve did not appear at the trial. The shooting, however, occurred in the daytime and in the presence of several witnesses in front of Shreve’s…
2Cases cited3 opinions
- Lacefield v. StateSupreme Court of Arkansas · 1879
- Chrisman v. StateSupreme Court of Arkansas · 1891
- Scott v. StateSupreme Court of Arkansas · 1886
3Cited by13 opinions
- Smith v. StateSupreme Court of Arkansas · 1921
- Pate v. StateSupreme Court of Arkansas · 1944
- Jones v. StateSupreme Court of Arkansas · 1923
- Davis v. StateSupreme Court of Arkansas · 1944
- Place v. StateCourt of Criminal Appeals of Oklahoma · 1956
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