Sturdivant v. State
Supreme Court of Arkansas
Appeal from Howard Circuit Court. Wide P. Feaeeee, Judge. 1. It was error to exclude what was said at the-trial, of Bud Sturdivant, Res gestae are the surrounding facts explanatory of an act or showing a motive for-acting. They are proper to be submitted to the jury. 43 Ark. 103; 29 id. 262. The crime of aggravated assault cannot be committed without the intent to inflict bodily injury, where no considerable provocation appears. Mansf.
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Appeal from Howard Circuit Court. Wide P. Feaeeee, Judge. 1. It was error to exclude what was said at the-trial, of Bud Sturdivant, Res gestae are the surrounding facts explanatory of an act or showing a motive for-acting. They are proper to be submitted to the jury. 43 Ark. 103; 29 id. 262. The crime of aggravated assault cannot be committed without the intent to inflict bodily injury, where no considerable provocation appears. Mansf. Dig. sec. 1566. If he believed his son was being cut to pieces with a knife, he had a right to> interfere, and do what he did. 1 Bish. Cr. Raw, sec. 877 (7th…
1Opinion of the CourtRiddick, J.
The facts in this case are as follows; One Ike Deloney, a justice of the peace, was trying a case in which Bud Sturdivant, a son of appellant, was defendant, and Buck Sturdivant, another son of appellant, was a witness. While Buck Sturdivant was testifying, he made some statement that was offensive to Deloney, and was told by Deloney to shut his mouth, that he, Deloney, would not allow his word disputed. Sturdivant, in reply, told Deloney to shut his own mouth. Thereupon, they began to fight. The defendant, who had been placed -under the rule as a witness, and was about fifteen yards away,…
2Cases cited1 opinion
- Fitzpatrick v. StateSupreme Court of Arkansas · 1881
3Cited by1 opinion
- In re BurnsU.S. Circuit Court for the District of Western Arkansas · 1902