Whitener v. State
Supreme Court of Arkansas
Appeal from Benton 'Circuit Court; J. S. Maples, Judge; Counsel argue the points stated in the opinion, ¡but cite no authorities. 1. The testimony was conflicting, but there was sufficient legal evidence to sustain the conviction, and the jury’s verdict should stand. 109 Ark. 130; 109 Ark. 138. 2. Instruction 6 was correct, and has frequently been approved by this ¡court. 77 Ark. 334; 110 Ark. 606-611. Instruction 7 also was correct. 105 Ark. 608-613. 3. The prosecuting…
Read the full summary
Appeal from Benton 'Circuit Court; J. S. Maples, Judge; Counsel argue the points stated in the opinion, ¡but cite no authorities. 1. The testimony was conflicting, but there was sufficient legal evidence to sustain the conviction, and the jury’s verdict should stand. 109 Ark. 130; 109 Ark. 138. 2. Instruction 6 was correct, and has frequently been approved by this ¡court. 77 Ark. 334; 110 Ark. 606-611. Instruction 7 also was correct. 105 Ark. 608-613. 3. The prosecuting attorney’s argument was, if erroneous, invited error, which was cured by the court’s admonition. 105 Ark. 615.
1Opinion of the CourtHart, J.
Arthur Whitener was indicted for murder in the second degree charged tp have been committed by killing Nathan Anthony in Washington County, Arkansas. The defendant took a change of venue to Benton1 County, where, in a trial before a jury, he was convicted of manslaughter and his punishment assessed by the jury at three years in the State penitentiary. Prom the judgment of conviction the defendant has appealed.
The facts as proved by the State are substantially as follows:
Nathan Anthony was killed by the defendant Arthur Whitener on the 1st day of July, 1914, on the farm of Joe Frost, in…
2Cases cited9 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Allison v. StateSupreme Court of Arkansas · 1905
- Bruder v. StateSupreme Court of Arkansas · 1913
- Jones v. StateSupreme Court of Arkansas · 1895
- Hamilton v. StateSupreme Court of Arkansas · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Smith v. StateSupreme Court of Arkansas · 1926
- Griffin v. StateSupreme Court of Arkansas · 1919
- Lighter v. StateSupreme Court of Arkansas · 1923