Legal Opinion

Johnson v. State

Supreme Court of Arkansas

Decided October 4, 1915PublishedCited by 14 opinions

Appeal from Cleveland Circuit Court; Turner Butler, Judge; STATEMENT BY THE COURT. On the night of April 22, 1914, Frank Armstrong was killed by appellant in Cleveland County, Arkansas. Armstrong, .after a hard day’s work, being very tired, had retired early. Carroll Hopson had heard that Armstrong had been making some derogatory remarks about his (Hopson’s) wife. Hopson had married the appellant’s sister.

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Appeal from Cleveland Circuit Court; Turner Butler, Judge; STATEMENT BY THE COURT. On the night of April 22, 1914, Frank Armstrong was killed by appellant in Cleveland County, Arkansas. Armstrong, .after a hard day’s work, being very tired, had retired early. Carroll Hopson had heard that Armstrong had been making some derogatory remarks about his (Hopson’s) wife. Hopson had married the appellant’s sister. Hopson, in company with the appellant, Bud Miller and Coot Childers, on the night of the killing, started to the home of Armstrong for the purpose of seeing .him in regard to what he was…

1Opinion of the Court

Wood, J.,

(after stating the facts). (1) The appellant contends that the court erred in not instructing the jury, at the close of the evidence on behalf of the State, to return a verdict of not guilty. The court did not err in this ruling.

The testimony on behalf of the State tended to show that Armstrong was killed on the night of April 22,1914, and that he was killed by a knife in the hands of some third party. The identity of the appellant was established by 'his admission to the effect that on that night he had cut Armstrong with a knife. The circumstances adduced on the part of the State…

2Cases cited8 opinions

  1. Smith v. StateSupreme Court of Arkansas · 1894
  2. Magness v. StateSupreme Court of Arkansas · 1899
  3. Cogburn v. StateSupreme Court of Arkansas · 1905
  4. Taylor v. StateSupreme Court of Arkansas · 1907
  5. Decker v. StateSupreme Court of Arkansas · 1908

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Wilson v. StateSupreme Court of Arkansas · 1916
  2. Sims v. StateSupreme Court of Arkansas · 1975
  3. Wright v. StateSupreme Court of Arkansas · 1918
  4. Murchison v. StateSupreme Court of Arkansas · 1922
  5. Gaines v. StateSupreme Court of Arkansas · 1945

9 more not listed; retrieve them via the Exa API.

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