Woods v. State
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Lake City District; W. J. Driver, Judge; 1. There is a fatal variance between the indictment and proof. Wood and Woods are not idem sonans. 5 Ark. 72; 21 Am. & Eng. Enc. Law, 313; 21 Tex. App. 320; Defendant was entitled to have the indictment drawn definite enough to notify him of the crime. 7 Ark. 70; lb. 394; 24 Id. 574; 68 Id. 244. ,1. The variance was not fatal. The names are idem sonans. The proper party was convicted.
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Appeal from Craighead Circuit Court, Lake City District; W. J. Driver, Judge; 1. There is a fatal variance between the indictment and proof. Wood and Woods are not idem sonans. 5 Ark. 72; 21 Am. & Eng. Enc. Law, 313; 21 Tex. App. 320; Defendant was entitled to have the indictment drawn definite enough to notify him of the crime. 7 Ark. 70; lb. 394; 24 Id. 574; 68 Id. 244. ,1. The variance was not fatal. The names are idem sonans. The proper party was convicted. The jury found there was no variance. 1 Ark 503; 21 Id. 462; 7 Id. 70; 50 Id. 97; 60 Id, 517; 100 Id. 149; Kirby’s Digest, § 2332; 35…
1Opinion of the CourtHart, J.
The defendant was indicted for the crime of murder in the first degree. He was tried before a jury which found him guilty and assessed his punishment at death by electrocution. From the judgment rendered, the defendant has duly prosecuted an appeal to this court.
The facts proved by the State are substantially as follows:
On July 19, 1915, the defendant killed deceased at a boardingjiouse run by Rosa Tucker and her husband, Ferrell Tucker in the Lake City District of Craighead County, Arkansas. The defendant Henry Woods and the deceased Vina Woods had formerly been husband and wife. They had…
2Cases cited4 opinions
- Bennett v. StateSupreme Court of Arkansas · 1907
- Commonwealth v. GormleyMassachusetts Supreme Judicial Court · 1882
- Bridger v. StateSupreme Court of Arkansas · 1916
- Ex parte McMeechenSupreme Court of Arkansas · 1851
3Cited by5 opinions
- Leggins v. StateSupreme Court of Arkansas · 1979
- Butler v. StateSupreme Court of Arkansas · 1939
- Whitney v. StateSupreme Court of Arkansas · 1928
- Mooney v. StateSupreme Court of Arkansas · 1919
- Spencer v. StateSupreme Court of Arkansas · 1917