Deshazo v. State
Supreme Court of Arkansas
Appeal from Sevier Circuit 'Court; Jefferson T. Cowling, Judge; The court erred in refusing to give the first instruction requested it being a concise statement of the larw and also a caution to the jury. 92 Ark. 481. Instruction numbered 2 asked for by the defendant should have been given because it was the only instruction directing the attention of the jury to the fact that the testimony relied on must not only be consistent with and point to the guilt of the defendant,…
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Appeal from Sevier Circuit 'Court; Jefferson T. Cowling, Judge; The court erred in refusing to give the first instruction requested it being a concise statement of the larw and also a caution to the jury. 92 Ark. 481. Instruction numbered 2 asked for by the defendant should have been given because it was the only instruction directing the attention of the jury to the fact that the testimony relied on must not only be consistent with and point to the guilt of the defendant, but it must be inconsistent with his innocence. 58 Ark. 473. Instruction numbered 3 asked for and refused was a concrete…
1Opinion of the CourtSmith, J.
Appellant was convicted upon a charge of assault with intent to kill, and on this appeal questions only the action of the court in refusing to give certain instructions asked by him.(1) The first of the instructions so refused declared the law to be that the indictment in the case was a mere accusation, or charge, against the defendant, and raised no presumption of his guilt, and was no evidence of guilt, and that the jury should not permit themselves to be influenced to any extent because, or on account of, the indictment.
This instruction, of course, correctly declares the law, •and the…
2Cases cited2 opinions
- Ross v. StateSupreme Court of Arkansas · 1909
- Coulter v. StateSupreme Court of Arkansas · 1913
3Cited by8 opinions
- Adams v. StateSupreme Court of Arkansas · 1928
- Hill v. StateSupreme Court of Arkansas · 1972
- Wacaster v. StateSupreme Court of Arkansas · 1927
- Francis v. StateSupreme Court of Arkansas · 1934
- Dean v. StateSupreme Court of Arkansas · 1975
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