Brooks v. State
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Geo. B. Eaynie, Judge; Under the indictment and evidence we contend: 1. That the court erred in allowing the witnesses for the State to give evidence of an assault by Will Brooks on John Law and in refusing instructions 1, 2 and 6 for defendant. On the State’s theory Will Brooks killed Irene Crawford in a felonious attempt to kill John Law, but the evidence clearly shows that the killing of Irene was an accident, not intended.
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Appeal from Lafayette Circuit Court; Geo. B. Eaynie, Judge; Under the indictment and evidence we contend: 1. That the court erred in allowing the witnesses for the State to give evidence of an assault by Will Brooks on John Law and in refusing instructions 1, 2 and 6 for defendant. On the State’s theory Will Brooks killed Irene Crawford in a felonious attempt to kill John Law, but the evidence clearly shows that the killing of Irene was an accident, not intended. The attempt here failed and the only offense towards John Law was an attempt to commit a felony which failed and the only offense…
1Opinion of the Court
Hart, J.'
In the case at bar Will Brooks prosecutes an appeal to reverse a judgment of conviction against him for murder in the second degree. The killing occurred in the night time just before Christmas in Lafayette County, Arkansas.
According to the testimony of John Law, a witness for the State, he started home with Irene Crawford from a party or ball at Sip Harrison’s house. On their way home Terry Collins ran up to John Law and tried to take a pistol from him, saying that he was in a row with Willie Bushing and wanted the pistol on that account. Law refused to give Collins the pistol and…
2Cases cited5 opinions
- Lacefield v. StateSupreme Court of Arkansas · 1879
- Ringer v. StateSupreme Court of Arkansas · 1905
- State v. ClarkSupreme Court of Missouri · 1898
- Reed v. StateSupreme Court of Arkansas · 1912
- Sweeney v. StateSupreme Court of Arkansas · 1880
3Cited by20 opinions
- Gladden v. StateCourt of Appeals of Maryland · 1974
- Wells v. StateMississippi Supreme Court · 1974
- Bailey v. StateSupreme Court of Arkansas · 1943
- State v. CarpioNew Mexico Supreme Court · 1921
- Daniels v. StateSupreme Court of Arkansas · 1930
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