Legal Opinion

Thomas v. State

Supreme Court of Arkansas

Decided March 11, 1905PublishedCited by 9 opinions

Appeal from Jefferson Circuit Court. The court erroneously charged the jury as to the burden of proof to' justify or excuse the homicide. 62 Ark. 307; 64 Ark. 147; 71 Ark. 462.

1Opinion of the CourtBattue, J.

Claude Thomas was accused of murder in the first degree committed by willfully, unlawfully, feloniously, with malice aforethought and with premeditation and deliberation' killing and murdering George Thomas. He was convicted of murder in the second degree, and condemned to be punished by imprisonment in the penitentiary for a term of eighteen years. He appealed to this court.

There were only three persons present at the time and place of the killing, the deceased, defendant, and Rosy Thomas. Rosy Thomas testified: “The deceased was my father. On the evening of the killing the defendant took…

2Cases cited5 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. PritchettSupreme Court of Arkansas · 1898
  2. Carpenter v. StateSupreme Court of Arkansas · 1896
  3. St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
  4. Darden v. StateSupreme Court of Arkansas · 1904
  5. Phoenix Insurance v. FlemmingSupreme Court of Arkansas · 1898

3Cited by9 opinions

  1. Lowe v. HartSupreme Court of Arkansas · 1910
  2. State v. NolanIdaho Supreme Court · 1917
  3. Durham v. StateWyoming Supreme Court · 1922
  4. Burnett v. StateSupreme Court of Arkansas · 1906
  5. Moore v. StateSupreme Court of Arkansas · 1972

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