Johnson v. State
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; George B. Ilaynie, Judge; 1. There was no evidence to support the verdict. The court narrowed the inquiry of the jury to the question whether or not the appellant was guilty of an assault with intent to kill.
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Appeal from Hempstead Circuit Court; George B. Ilaynie, Judge; 1. There was no evidence to support the verdict. The court narrowed the inquiry of the jury to the question whether or not the appellant was guilty of an assault with intent to kill. The question of guilt or innocence of the lower grades of assault was not submitted to the jury, hence there was no evidence of guilt of assault with intent to kill. 11 Ark. 630; 13 Id. 712; 34 Id. 639; 44 Id. 121; 2 Id. 360; 5 Id. 407; 6 Id. 86, 428; 10 Id. 138; lb. 491, 638; 26 Id. 309. A specific intent must be proven. 39 Id. 491; 54 Id. 284; 91…
1Opinion of the CourtMcCULLOCH, C. J.
Appellant was convicted of the crime of assault with intent to kill, and the principal ground urged for reversal of the judgment is that the testimony was not sufficient to prove the assault. Bow-den, the assaulted person, was constable of his township, and went to appellant’s house with a warrant to arrest the latter. The officer was accompanied by two other men, and when he went to appellant’s door and knocked appellant’s wife answered, inquiring who was at the door, and the officer stated that he had a warrant for appellant and demanded that the door be opened. Appellant came to the door…
2Cases cited5 opinions
- People v. McMakinCalifornia Supreme Court · 1857
- Tarver v. StateSupreme Court of Alabama · 1869
- Anderson v. StateSupreme Court of Arkansas · 1905
- State v. EppersonSupreme Court of Missouri · 1858
- State v. . MarstellerSupreme Court of North Carolina · 1881
3Cited by15 opinions
- Harris v. StateCourt of Appeals of Arkansas · 2000
- United States v. BerryUnited States Court of Military Appeals · 1956
- Wooten v. StateCourt of Appeals of Arkansas · 1990
- Tollett v. MashburnDistrict Court, W.D. Arkansas · 1960
- McAlister v. GunterSupreme Court of Arkansas · 1924
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