Johnson v. State
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court. Robert J. Rea, Judge. 1. The instruction given for the State was erroneous. The question of the degree of the offense was for the jury to determine.
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Appeal from Faulkner Circuit Court. Robert J. Rea, Judge. 1. The instruction given for the State was erroneous. The question of the degree of the offense was for the jury to determine. It was not accompanied by an explanation of the degrees of homicide, and was not so guarded as to allow the jury to infer an abandonment of the purpose to kill, from the circumstances of the homicide. 29 Ark. 248. It was erroneous because it was based upon and recited facts not in evidence. 36 Ark. 127 ; 54 id. 336. 2- The ninth instruction should have been given as asked by defendant, and its modification was…
1Opinion of the CourtHughes, J.
The appellant, J. S. Johnson, was convicted of murder in the second degree for the killing of one Williams, and has appealed to this court. The killing was not denied, but the defendant contends that it was done in self defense. The defendant was, at the time of the killing, the constable of the township in which the killing occurred, and contends that, at the time he killed the deceased, the deceased was advancing upon him with a drawn stick and striking at him, because the defendant, as constable, had told him he would arrest him, and had told him to consider himself under arrest for an…
2Cases cited2 opinions
- Palmore v. StateSupreme Court of Arkansas · 1874
- People v. SimonsCalifornia Supreme Court · 1882
3Cited by4 opinions
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Jett v. StateSupreme Court of Arkansas · 1922
- Bazzell v. StateSupreme Court of Arkansas · 1953
- People v. HendricksDistrict Court, Virgin Islands · 1929