Alford v. State
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; W. E. Patterson, Judge; Instructions 3 and 5 are erroneous, and the latter instruction is so much in conflict with the other instructions that it can not be reconciled with them. 76 Ark. 225; 99 Ark. 385; 102 Ark. 629; 83 Ark. 61. Appellant was entitled to have submitted to the jury the question whether or not he was drunk, and whether or not there was provocation sufficient to have reduced the crime to manslaughter had death ensued.
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Appeal from Columbia Circuit Court; W. E. Patterson, Judge; Instructions 3 and 5 are erroneous, and the latter instruction is so much in conflict with the other instructions that it can not be reconciled with them. 76 Ark. 225; 99 Ark. 385; 102 Ark. 629; 83 Ark. 61. Appellant was entitled to have submitted to the jury the question whether or not he was drunk, and whether or not there was provocation sufficient to have reduced the crime to manslaughter had death ensued. The instruction's, are to he read together and taken as a whole. So considered, the question of malice was fully presented,…
1Opinion of the CourtMcCulloch, C. J.
Appellant, Jack Alford, was convicted by a jury in the circuit court of Columbia County of the offense of assault with intent to kill, alleged to have been committed by cutting one Dave Scott with a knife.
It is admitted that the assault was committed by appellant and that he cut Scott with a knife, inflicting serious wounds; but his defense is that he was intoxicated at the time to the extent that he was incapable of forming the specific intent essential to the commission of the crime alleged in the indictment; and also that he acted “upon a sudden heat of passion caused by a provocation…
2Cases cited2 opinions
- Byrd v. StateSupreme Court of Arkansas · 1905
- Chowning v. StateSupreme Court of Arkansas · 1909
3Cited by4 opinions
- Robertson v. StateSupreme Court of Arkansas · 1947
- Francis v. StateSupreme Court of Arkansas · 1934
- Knighten v. StateSupreme Court of Arkansas · 1946
- Carty v. StateSupreme Court of Arkansas · 1918