Thompson v. State
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M-. Carter,. Judge; 1. Evidence of threats were not admissible, as defendant was the sole aggressor, by his own testimony. 29 Ark. 248; 79 Id. 594; 72 Id. 427; 76 Id. 495; 55 Id. 604; 55 Id. 593. 2. There was no testimony upon which to base -an instruction as to murder in the second degree. 21 Ark. 69; 23 Id. 730; 29 Id. 17; 52 Id. 120; 77 7d.- 234. 3. The judgment should be affirmed, there being no error on the record as a whole.…
Read the full summary
Appeal from Hempstead Circuit Court; Jacob M-. Carter,. Judge; 1. Evidence of threats were not admissible, as defendant was the sole aggressor, by his own testimony. 29 Ark. 248; 79 Id. 594; 72 Id. 427; 76 Id. 495; 55 Id. 604; 55 Id. 593. 2. There was no testimony upon which to base -an instruction as to murder in the second degree. 21 Ark. 69; 23 Id. 730; 29 Id. 17; 52 Id. 120; 77 7d.- 234. 3. The judgment should be affirmed, there being no error on the record as a whole. 10 Ark. 9.
1Opinion of the CourtBattle, J.
Joe Thompson was indicted for murder in the first degree, committed by killing Miller Brown, and was convicted of that offense; and he appealed.
The defendant testified in his own behalf. He testified, in effect, that at night, while Miller Brown lay upon his bed, after deliberation and premeditation, he shot and killed him. He did so with the intent to kill because Brown threatened to kill him and wanted his wife. There was no evidence that Brown made any effort to -kill him.
Appellant complains that the court refused to instruct the jury as follows:
“If in a trial for murder it has been proved…
2Cases cited3 opinions
- Fagg v. StateSupreme Court of Arkansas · 1888
- Jones v. StateSupreme Court of Arkansas · 1889
- Curtis v. StateSupreme Court of Arkansas · 1880
3Cited by2 opinions
- King v. StateSupreme Court of Arkansas · 1915
- Smith v. StateSupreme Court of Arkansas · 1953