Jackson v. State
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; G. W. Smith, Judge; 1. No premeditation or malice is proven. 2. The question of self-defense was not submitted to the jury, and there was error in the court’s instructions 6 and 7. 1. The evidence is sufficient to prove malice and premeditation.
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Appeal from Ouachita Circuit Court; G. W. Smith, Judge; 1. No premeditation or malice is proven. 2. The question of self-defense was not submitted to the jury, and there was error in the court’s instructions 6 and 7. 1. The evidence is sufficient to prove malice and premeditation. Kirby’s Digest, §1764; 92 Ark. 120; 100 Id. 330; 86 Icl. 160. 2. There is no error in instructions 6 and 7. The objections were general and they state the law. 95 Ark. 107; 73 Id. 320. • No special request for further instructions was made. 102 Id. 588; 86 Id. 456; 75 Id. 373; 77 Id. 455.
1Opinion of the CourtHumphreys, J.
Appellant was indicted, tried and convicted of murder in the first degree, in the Ouachita circuit court for killing Lillie Mitchell, from which judgment of conviction an appeal has been prosecuted to this court.
It is contended by appellant that there is no evidence in the record showing three necessary elements of murder in the first degree: Malice, premeditation and deliberation. The substance of the evidence is as follows: Appellant had lived with Classie Specks as his wife since sometime in 1914. They frequently ceased to live together, for only short periods. She was a step-daughter of…
2Cases cited3 opinions
- Gilchrist v. StateSupreme Court of Arkansas · 1911
- Ferguson v. StateSupreme Court of Arkansas · 1909
- Rosemond v. StateSupreme Court of Arkansas · 1908
3Cited by6 opinions
- People v. MorrinMichigan Court of Appeals · 1971
- Nail v. StateSupreme Court of Arkansas · 1959
- Shipman v. StateSupreme Court of Arkansas · 1972
- Eddie Lee Thomerson v. A.L. Lockhart, Director, Arkansas Dept. Of CorrectionCourt of Appeals for the Eighth Circuit · 1987
- Eddie Lee Thomerson v. A.L. Lockhart, Director, Arkansas Dept. Of CorrectionCourt of Appeals for the Eighth Circuit · 1987
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