Fisher v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Tbe appellant was indicted for murder in the first degree, the indictment alleging: ■ ' “The said Tom Fisher, in the county and State aforesaid, on the 24th of December, 1912, did unlawfully, wilfully, feloniously and of his malice aforethought, and after premeditation and deliberation, kill and murder one Jack Chandler, a human being, by then and there stabbing and cutting him, the said Jack…
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Tbe appellant was indicted for murder in the first degree, the indictment alleging: ■ ' “The said Tom Fisher, in the county and State aforesaid, on the 24th of December, 1912, did unlawfully, wilfully, feloniously and of his malice aforethought, and after premeditation and deliberation, kill and murder one Jack Chandler, a human being, by then and there stabbing and cutting him, the said Jack Chandler, with a certain knife which he, the said Tom Fisher, then and there had and held in his hand, with the wiful,…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant challenges the sufficiency of the indictment, claiming it does not allege that death resulted from the wound inflicted by bim upon the deceased. The indictment charges that he did “unlawfully * * * kill and murder one Jack Chandler * * * by then and there stabbing and cutting him, the said Jack Chandler, with a certain knife * # * held in his hand with # * * intent then and there to kill and murder bim, the said Jack Chandler.”
It is true, it does not say that he died and that his death was caused from the wound inflicted by the stroke with the…
2Cases cited4 opinions
- People v. SanfordCalifornia Supreme Court · 1872
- State v. KirbySupreme Court of Kansas · 1901
- Cordell v. StateIndiana Supreme Court · 1864
- Thomas v. StateSupreme Court of Georgia · 1883
3Cited by4 opinions
- Elliott v. MillsCourt of Criminal Appeals of Oklahoma · 1959
- State v. MinsterCourt of Appeals of Maryland · 1985
- Robinson v. StateSupreme Court of Arkansas · 1928
- Elliott v. MillsCourt of Criminal Appeals of Oklahoma · 1959