Legal Opinion

Hankins v. State

Supreme Court of Arkansas

Decided May 10, 1915PublishedCited by 1 opinion

Appeal from Ashley Circuit Court; Turner Butler, Judge; 1. A justice of the peace is not fa competent juror. 69 Ark. 449. Defendants peremptory challenges were exhausted. Kirlby’.s Dig. § 2367; 69 Ark. 322. 2. Kirby’s Dig. § 1892 embraces two crimes, one “knowingly .administering” and the other “maliciously exposing” poison, etc.

Read the full summary

Appeal from Ashley Circuit Court; Turner Butler, Judge; 1. A justice of the peace is not fa competent juror. 69 Ark. 449. Defendants peremptory challenges were exhausted. Kirlby’.s Dig. § 2367; 69 Ark. 322. 2. Kirby’s Dig. § 1892 embraces two crimes, one “knowingly .administering” and the other “maliciously exposing” poison, etc. The court erred in its charge to the jury. 129 N. W. 234. •Confesses error in the selection of a justice of the peace as a juror. 98 Ark. 327; 69 Id. 449. Defendant’s peremptory challenges were exhausted. 69 Ark. 449-451.

1Opinion of the Court

McCulloch, O. J.

Appellant is charged with the crime of administering poison to a certain horse named “Wat-tan”, the property of one W. H. Shanks. The indictment charges that appellant knowingly administered strychnine to snid horse, and was framed under the •following statute:

“Every person who shall knowingly /administer any poison to .any horse, ass, ¡mule or to any cattle, hog, •sheep, goat or dog, or maliciously expose any poisonous .substance with intent that the same shall be taken or swallowed by 'any of the aforesaid animals, shall on conviction be punished in the manner prescribed by…

2Cases cited2 opinions

  1. State v. HakonNorth Dakota Supreme Court · 1910
  2. Langford v. StateSupreme Court of Arkansas · 1911

3Cited by1 opinion

  1. Mitchell v. StephensDistrict Court, E.D. Arkansas · 1964

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API