Legal Opinion

Johnson v. State

Supreme Court of Arkansas

Decided July 10, 1911PublishedCited by 4 opinions

Appeal from Jackson Circuit Court, R. E. Jeffery, Judge; STATEMENT BY THE COURT. Appellant, George Johnson) was indicted by the grand jury of Jackson County for the crime of murder in the second degree, the indictment charging him, in proper form, with the killing of one John Duncan.

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Appeal from Jackson Circuit Court, R. E. Jeffery, Judge; STATEMENT BY THE COURT. Appellant, George Johnson) was indicted by the grand jury of Jackson County for the crime of murder in the second degree, the indictment charging him, in proper form, with the killing of one John Duncan. The appellant himself testified as follows: “Was out in Richwoods looking for some fellows that had been doing some fighting, and had a bench warrant for Horace Luster, charging him with the crime of carrying a pistol. Luster and the deceased had been in a fight out there at Richwoods, and had come back over here…

1Opinion of the Court

Wood, J.,

(after stating the facts). Various assignments of error were contained in the motion for a.new trial, but we deem it unnecessary to discuss any of these, because, in our opinion, the testimony of appellant himself, which states the case in the most favorable light that it can be considered in his behalf, makes him guilty of murder in the second degree, and he therefore cannot complain of a verdict of the jury that convicts him of manslaughter. According to appellant’s testimony, he was seeking to arrest one Luster, and through mistake killed John Duncan, under the circumstances…

2Cases cited2 opinions

  1. Daniels v. StateSupreme Court of Arkansas · 1905
  2. Taylor v. StateSupreme Court of Arkansas · 1911

3Cited by4 opinions

  1. Taylor v. StateSupreme Court of Arkansas · 1973
  2. McDonald v. StateSupreme Court of Arkansas · 1912
  3. Pettijohn v. SmithSupreme Court of Arkansas · 1973
  4. Watson v. StateSupreme Court of Arkansas · 1928

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