Wells v. State
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Turner Butler, Judge; The venue was not proved. There was no proof that the alleged crime was committed in Drew County 3 or even the State of Arkansas. The only proof on this point was that the crime was committed 8 or 9 miles from Monticello. Instruction No. 11 eliminated the plea of self-defense and was erroneous. No instruction was given which cured this error.
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Appeal from Drew Circuit Court; Turner Butler, Judge; The venue was not proved. There was no proof that the alleged crime was committed in Drew County 3 or even the State of Arkansas. The only proof on this point was that the crime was committed 8 or 9 miles from Monticello. Instruction No. 11 eliminated the plea of self-defense and was erroneous. No instruction was given which cured this error. The court erred in failing to exclude the evidence of witnesses Burks and Lawson at the time motion was made by appellant to do so, instead of waiting until other witnesses had testified. The…
1Opinion of the CourtWood, J.
The appellant was convicted in the Drew Circuit Court of murder in the first degree and sentenced to be electrocuted, on an indictment brought by the grand jury of that county, which, omitting formal parts, reads as follows: “That the said James Wells, in the county and State aforesaid, on or about the 18th day of May, 1921, did unlawfully, wilfully, feloniously and of his malice aforethought, and after deliberation and premeditation, kill and murder one Peter Trenz by striking him, the said Peter Trenz, with a certain blunt instrument, the exact description of which instrument is to the…
2Cases cited5 opinions
- Scott v. StateSupreme Court of Arkansas · 1905
- Walker v. StateSupreme Court of Arkansas · 1911
- Morris v. StateSupreme Court of Arkansas · 1920
- Cegars v. StateSupreme Court of Arkansas · 1921
- Guerin v. StateSupreme Court of Arkansas · 1921
3Cited by9 opinions
- Davis v. StateSupreme Court of Arkansas · 1922
- Durham v. StateSupreme Court of Arkansas · 1929
- Stepp v. StateSupreme Court of Arkansas · 1926
- Jordan v. StateSupreme Court of Arkansas · 1924
- Minor v. StateSupreme Court of Arkansas · 1924
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