Childs v. State
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hayes, Judge; 1. The punishment is excessive. 76 Ark. 515, 520. 2. It was error to refuse to give instruction No. 5 asked by defendant, and in modifying it. It was the duty of the State to prove beyond a reasonable doubt that defendant did not kill in self-defense.
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Appeal from Union Circuit Court; George W. Hayes, Judge; 1. The punishment is excessive. 76 Ark. 515, 520. 2. It was error to refuse to give instruction No. 5 asked by defendant, and in modifying it. It was the duty of the State to prove beyond a reasonable doubt that defendant did not kill in self-defense. The burden was on the prosecution. 3. The court erred in admitting testimony as to the action of Seth Childs, and in permitting P. Price to testify to substantially the same facts. Also in permitting testimony as to the shooting of Smith, which was purely accidental. 4. The indictment…
1Opinion of the CourtHart, J.
Dave Childs was indicted for the crime of murder in tne first degree, charged to have been committed by killing Franklin Williams. Upon a trial before a jury, he was convicted of murder in the second degree and sentenced to a term of ten years in the State penitentiary.
Franklin Williams was killed by Dave Childs on August 27, 1910, at a public speaking -at Midway Church in Union County, Arkansas. Williams was the husband of Callie Williams, a sister of Childs. They had been married 20 years; but had separated on the 20th of September, 1909. A suit for divorce, which also involved the custody…
2Cases cited4 opinions
- Carr v. StateSupreme Court of Arkansas · 1884
- Petty v. StateSupreme Court of Arkansas · 1905
- Cogburn v. StateSupreme Court of Arkansas · 1905
- Byrd v. StateSupreme Court of Arkansas · 1901
3Cited by14 opinions
- Wilson v. StateSupreme Court of Arkansas · 1916
- Outler v. StateSupreme Court of Arkansas · 1922
- Caughron v. StateSupreme Court of Arkansas · 1911
- Griffin v. StateSupreme Court of Arkansas · 1970
- Price v. StateSupreme Court of Arkansas · 1914
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