Henry v. State
Supreme Court of Arkansas
' Appeal from Miller Circuit Court; George R. Haynie, Judge; STATEMENT BY THE COURT. Sol Henry brings this appeal from a judgment of conviction of the crime of maiming, by biting off the nose of one John Robinson. It appears from the testimony that appellant’s mules had broken into the field of Jno. Robinson, a tenant on his place and. had torn down some corn.
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' Appeal from Miller Circuit Court; George R. Haynie, Judge; STATEMENT BY THE COURT. Sol Henry brings this appeal from a judgment of conviction of the crime of maiming, by biting off the nose of one John Robinson. It appears from the testimony that appellant’s mules had broken into the field of Jno. Robinson, a tenant on his place and. had torn down some corn. The next morning Robinson spoke to defendant’s brother about the matter and told him that he did not claim any damages but wanted them to keep the stock up. While he was plowing in his field about 15 minutes afterwards, appellant came…
1Opinion of the CourtKirby, J.
(after stating the facts). ' Appellant complains only that the evidence is not sufficient to support the verdict. The statute provides, Sec. 1865, Kirby’s Digest, “If any person shall wilfully and of his malice aforethought, cut or bite off the ear * * * cut or bite off the-nose or lip of any person, he shall be adjudged guilty of maiming.” Maiming consists in unlawfully disabling a human being by depriving him of the use of a limb or member, etc. Sec. 1864.
It is argued for appellant that in order to commit the offense the act must be done with premeditated design tó do the very act, that it…
2Cases cited8 opinions
- Terrell v. StateTennessee Supreme Court · 1888
- State v. JonesSupreme Court of Iowa · 1886
- Baker v. StateSupreme Court of Arkansas · 1842
- Slattery v. StateTexas Supreme Court · 1874
- State v. . CrawfordSupreme Court of North Carolina · 1830
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