Dempsey v. State
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; x. The sixteenth instruction is erroneous in that it leaves out of consideration the question whether or not the defendants honestly believed at the time they struck that their father was in great danger, and it was not proper to tell the jury that defendants had no right to strike if at the time deceased had ceased the assault. 59 Ark. 132. 2. It was error in the court to refuse an instruction to the effect that,…
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Appeal from Faulkner Circuit Court; Eugene Lankford, Judge; x. The sixteenth instruction is erroneous in that it leaves out of consideration the question whether or not the defendants honestly believed at the time they struck that their father was in great danger, and it was not proper to tell the jury that defendants had no right to strike if at the time deceased had ceased the assault. 59 Ark. 132. 2. It was error in the court to refuse an instruction to the effect that, although they might take into consideration the interest of the defendants in the result of the trial, yet they should…
1Opinion of the CourtWood, J.
On the 24th day of March, 1906, at the town of Greenbrier, in Faulkner County, Arkansas, Smith Dempsey and John Earnhart became involved in a quarrel about some money which Earnhart desired to borrow from Dempsey. After words bad passed, Smith Dempsey struck Earnhart and knocked or pushed him to his knees. As Earnhart rose, he drew his knife; Dempsey retreated several steps; Earnhart pursued him, and struck him one lick with the knife in the back; then, according to the witnesses on behalf of the State, Earnhart turned and retraced his steps a few paces when he was met by the appellants, John…
2Cases cited1 opinion
- Palmore v. StateSupreme Court of Arkansas · 1874
3Cited by5 opinions
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- Pate v. StateSupreme Court of Arkansas · 1922
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- Arkansas Lumber & Contractors' Supply Co. v. BensonSupreme Court of Arkansas · 1909
- DuBois v. StateSupreme Court of Arkansas · 1973