Legal Opinion

Taylor v. State

Supreme Court of Arkansas

Decided April 29, 1907PublishedCited by 12 opinions

'Appeal from Monroe Circuit Court; Eugene Lankford, Judge; I. Before one can be convicted of assault with intent to kill, it must necessarily be found that, had death resulted from the assault, it would have been murder. 72 Ark. 569; 72 Ark. 569. • ■ 2. The court erred, in its charge as to accessories, in simply reading the statute without explanation to the jury. 63 Ark. 477. 3. No evidence of acts or declarations of a conspirator should be admitted against the accused…

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'Appeal from Monroe Circuit Court; Eugene Lankford, Judge; I. Before one can be convicted of assault with intent to kill, it must necessarily be found that, had death resulted from the assault, it would have been murder. 72 Ark. 569; 72 Ark. 569. • ■ 2. The court erred, in its charge as to accessories, in simply reading the statute without explanation to the jury. 63 Ark. 477. 3. No evidence of acts or declarations of a conspirator should be admitted against the accused until the fact of a conspiracy is first shown or a prima facie case is made either against them all or against those…

1Opinion of the CourtRiddick, J.

This is an appeal from a judgment convicting the defendant of the crime o,f an assault with intent to kill and sentencing him for five years’ imprisonment in the State penitentiary.

The facts, briefly stated, are as follows: One Herbert Marsh was in January, 1906, the manager of a plantation in Monroe County known as the “Redmond place.” A negro woman named Sarah Holland .lived in the cabin on the place with her family of children, two boys and three girls, the oldest of ■whom was some sixteen or seventeen years of age. The woman had been ordered by Mar,sh to vacate the house in which she and…

2Cases cited1 opinion

  1. Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905

3Cited by12 opinions

  1. Bruder v. StateSupreme Court of Arkansas · 1913
  2. Johnson v. StateSupreme Court of Arkansas · 1915
  3. Prewitt v. StateSupreme Court of Arkansas · 1921
  4. Stockton v. StateSupreme Court of Arkansas · 1965
  5. Derrick v. StateSupreme Court of Arkansas · 1909

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