Chrisman v. State
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court. J. G. Wallace, Judge. The court erred in third, fourth, and especially the fifth instruction, and in refusing the prayers asked by defendant. These are reversible errors. Mansf. Dig., sec. 2459. In this class of cases the intent must be proved, and is never presumed. 49 Ark., 156; 11 S. E. Rep., 620; 19 Mich., 401; IO id., 212; 13 S. W. Rep., 147; 2 Thompson on Trials, p. 1888 ; 22 Pac.
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APPEAL from Johnson Circuit Court. J. G. Wallace, Judge. The court erred in third, fourth, and especially the fifth instruction, and in refusing the prayers asked by defendant. These are reversible errors. Mansf. Dig., sec. 2459. In this class of cases the intent must be proved, and is never presumed. 49 Ark., 156; 11 S. E. Rep., 620; 19 Mich., 401; IO id., 212; 13 S. W. Rep., 147; 2 Thompson on Trials, p. 1888 ; 22 Pac. Rep., 80; 34 Ark., 275 ; ib., 341. The third instruction is good as far as it goes; the court might have gone further and told the jury that in statutory crirhes consisting…
1Opinion of the CourtMansfield, J.
1. Intent i •assault with ii •ent to kill. The appellant was convicted of an assault with intent to kill and murder F. J. Stanfield. The statute under which the indictment was found declares that “ whoever shall feloniously, willfully and with malice aforethought, assault any person, with intent to murder or kill, * * * * shall, on conviction thereof, be imprisoned in the penitentiary not less than three nor more than twenty-one years.” (Mansfield’s Dig., sec. 1567.) It has been frequently held by this court that an indictment under this section of the criminal law cannot be sustained unless…
2Cases cited1 opinion
- Ogletree v. StateSupreme Court of Alabama · 1856
3Cited by21 opinions
- Booher v. StateIndiana Supreme Court · 1901
- People v. . SantoroNew York Court of Appeals · 1920
- People v. ConnorsIllinois Supreme Court · 1912
- Gilbert v. StateSupreme Court of Georgia · 1893
- State v. GibsonOregon Supreme Court · 1903
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