Fisher v. State
Supreme Court of Arkansas
Appeal from Cross Circuit Court; R. E. L. Johnson, Judge; 1. The court erred in refusing instruction No. 1 offered by defendant. 2. It was reversible error to permit the testimony of Judge H. T. Mitchell and W. A. Weaver as to the reputation'of deceased as a peaceable, law-abiding citizen to go to the jury, as the character of deceased had not been put in issue. 75 Ark. 297; 171 S. W. 149; 190 S. W. 290; 21 Cyc. 907-8. 3. Ernest Fountain was not a competent juror and the…
Read the full summary
Appeal from Cross Circuit Court; R. E. L. Johnson, Judge; 1. The court erred in refusing instruction No. 1 offered by defendant. 2. It was reversible error to permit the testimony of Judge H. T. Mitchell and W. A. Weaver as to the reputation'of deceased as a peaceable, law-abiding citizen to go to the jury, as the character of deceased had not been put in issue. 75 Ark. 297; 171 S. W. 149; 190 S. W. 290; 21 Cyc. 907-8. 3. Ernest Fountain was not a competent juror and the court erred in not setting aside the verdict and granting: a new trial. 104 Ark. 606; lb. 616; 178 S. W. 328; 72 Ark. 158.…
1Opinion of the CourtHart, J.
George Fisher was indicted for the crime of murder in the first degree, and was convicted of the crime of murder in the second degree, his punishment being fixed by the jury at twenty-one years in the State penitentiary. From the judgment of conviction the defendant has duly prosecuted an appeal to this court.
It appears from the record that the defendant shot and killed Jess Moore with a pistol in the town of Wynne, in Cross County, Arkansas, on the 16th day of July, 1920.
According to the witnesses for the State, Jess Moore, with two other men beside him, was sitting down near the depot in…
2Cases cited3 opinions
- Kelley v. StateSupreme Court of Arkansas · 1920
- Bloomer v. StateSupreme Court of Arkansas · 1905
- Carr v. StateSupreme Court of Arkansas · 1921
3Cited by8 opinions
- Mode v. StateSupreme Court of Arkansas · 1961
- Keith v. StateSupreme Court of Arkansas · 1951
- Stoddard v. StateSupreme Court of Arkansas · 1925
- Bridges v. StateSupreme Court of Arkansas · 1925
- Flowers v. StateSupreme Court of Arkansas · 1922
3 more not listed; retrieve them via the Exa API.