Scoggin v. State
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellant Scoggin was indicted in the Hempstead Circuit Court for the crime of murder in the first degree. He was convicted of murder in the second degree, sentenced to imprisonment in the penitentiary for a period of ten years, and has appealed to this court. Charner Wesson, the deceased, was the father-in-law of the appellant.
Read the full summary
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellant Scoggin was indicted in the Hempstead Circuit Court for the crime of murder in the first degree. He was convicted of murder in the second degree, sentenced to imprisonment in the penitentiary for a period of ten years, and has appealed to this court. Charner Wesson, the deceased, was the father-in-law of the appellant. He was killed by the appellant in Hempstead County, Arkansas, in December, 1912. Appellant and his wife had separated the day before the killing and his wife had gone to the home of…
1Opinion of the Court
Wood, J.,
(after stating the facts). There ivas no error in the granting of prayer for instruction No. 11 at the instance of the State. This instruction is a copy of the statute. Section 1765, Kirby’s Digest. It does not shift the burden of proof from the State to the defendant' in- a trial for homicide; On the contrary, under it the burden of the whole case is on the State to show that the defendant is guilty of some degree of homicide. When the State has done this, then if there is nothing in the testimony adduced by the State to show that the accused is justified or excused, it devolves…
2Cases cited7 opinions
- Palmore v. StateSupreme Court of Arkansas · 1874
- Petty v. StateSupreme Court of Arkansas · 1905
- Magness v. StateSupreme Court of Arkansas · 1899
- Cogburn v. StateSupreme Court of Arkansas · 1905
- Levells v. StateSupreme Court of Arkansas · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pendergrass v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1950
- Wilson v. StateSupreme Court of Arkansas · 1916
- Carlton v. StateSupreme Court of Arkansas · 1913
- Gaines v. StateSupreme Court of Arkansas · 1945
- Gilbreth v. StateCourt of Criminal Appeals of Texas · 1933
5 more not listed; retrieve them via the Exa API.