Fitzpatrick v. State
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge. It is an elementary principle that where fresh provocation intervenes, the act will be imputed to that, rather than to previous malice, unless conclusively proven that the killing was upon antecedent malice. The special instructions given for the State were nearly all predicated upon preconceived malice, and misled the jury.
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APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge. It is an elementary principle that where fresh provocation intervenes, the act will be imputed to that, rather than to previous malice, unless conclusively proven that the killing was upon antecedent malice. The special instructions given for the State were nearly all predicated upon preconceived malice, and misled the jury. Murder and the distinction between murder and manslaughter are the same, under our Statute, as at common law. Bivens v. State, 11 Arh., 455. The characteristics •of murder are malice and deliberation;…
1Opinion of the CourtEnglish, C. J.
i. Entering upon record Ffa°f oT ment. I. It is submitted by counsel for appellant that the record does not affirmatively show that the indictment was returned into court by the grand jury,
The term of the Circuit Court of Phillips county, at which appellant, Robert M. Fitzpatrick, was indicted for murder in the first degree, commenced, and the grand jury was organized, seventeenth of May, 1880.
On the twentieth of May the following entry appeal’s :
Now, on this day, comes the grand jury into open court, and having answered to their names, returned, through their foreman, eight bills of…
2Cited by10 opinions
- Pendergrass v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1950
- Carpenter v. StateSupreme Court of Arkansas · 1896
- Weldon v. StateSupreme Court of Arkansas · 1925
- Arnold v. StateSupreme Court of Arkansas · 1929
- Bishop v. StateSupreme Court of Arkansas · 1905
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