Austin v. State
Supreme Court of Arkansas
Appeal from, the Circuit Court of Independence county. The Hon. B. H. Neelv, Circuit Judge, presiding. The exception preserved in the first bill of exceptions is good. The facts occurring on the evening and night previous had no connection with the unfortunate affair of the next day. They did not show the disposition of Austin to the deceased. Payne was not concerned in them.
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Appeal from, the Circuit Court of Independence county. The Hon. B. H. Neelv, Circuit Judge, presiding. The exception preserved in the first bill of exceptions is good. The facts occurring on the evening and night previous had no connection with the unfortunate affair of the next day. They did not show the disposition of Austin to the deceased. Payne was not concerned in them. The evidence did not show a general depravity, and the intent and enormity of a criminal act should always be gathered from the act itself. The law has nothing to do with motives or dispositions of mind as such; it is…
1Opinion of the CourtJustice Scott
The appellant was indicted, tried, convicted and sentenced to death in the Independence Circuit Court for the murder of Hiram Payne, a white man. He appealed to this court, and his senténcé having been respited by the Circuit Court, under the provisions of the statute, a sufficient time to allow him to make an application to a judge of this court for a suspension of his execution until his appeal could be heard here, that order was made upon an inspection of a transcript of the record and proceedings in accordance with his prayer.
From the bills of exceptions it appears that, on the day before…
2Cited by9 opinions
- Greenwood v. StateSupreme Court of Arkansas · 1913
- Cannon v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Campau v. DeweyMichigan Supreme Court · 1861
- Shelton v. StateSupreme Court of Arkansas · 1972
- Brown v. StateSupreme Court of Arkansas · 1923
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