McKinney v. State
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; Jas. S. Steel, Judge; 1. It was .error to give the 12th instruction for the State, as there was no testimony upon which to base it and ignores defendant’s right to act in necessary self-defense. 2. It was error to give the 13th for the State, as there was nothing to show that defendant could have retreated, and it wholly ignores the fact that in case the assault is so fierce as to make it apparently as dangerous to retreat as to stand, it is…
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Appeal from Sevier Circuit Court; Jas. S. Steel, Judge; 1. It was .error to give the 12th instruction for the State, as there was no testimony upon which to base it and ignores defendant’s right to act in necessary self-defense. 2. It was error to give the 13th for the State, as there was nothing to show that defendant could have retreated, and it wholly ignores the fact that in case the assault is so fierce as to make it apparently as dangerous to retreat as to stand, it is not his duty to retreat but may stand his ground and if necessary to save his life or prevent great bodily injury, may…
1Opinion of the Court
HART, J.,
(after stating the facts. (1) The first assignment of error is, that the court erred in giving instruction No. 11, which is as follows: “You are instructed that no threats, language or conduct, however, violent, abusive or insulting, will excuse the taking of a human life, nor will it reduce the grade of homicide, from murder to manslaughter. ’ ’
It is claimed that the use of the word“conduct” takes from the consideration .of the jury the doctrine of appearance of danger to the defendant. The court at the request of the defendant gave full and complete instructions to the jury on the…
2Cases cited8 opinions
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Hogue v. StateSupreme Court of Arkansas · 1910
- Campbell v. StateSupreme Court of Arkansas · 1882
- Shuffield v. StateSupreme Court of Arkansas · 1915
- Manasco v. StateSupreme Court of Arkansas · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Edwards v. StateSupreme Court of Arkansas · 1945
- Adams v. StateSupreme Court of Arkansas · 1923
- Brock v. StateSupreme Court of Arkansas · 1963