Legal Opinion

Trotter v. State

Supreme Court of Arkansas

Decided May 9, 1921PublishedCited by 8 opinions

Appeal from Drew Circuit Court; Turner Butler, Judge; 1. The evidence is not sufficient to sustain the verdict. It will not support a verdict of any higher degree of homicide than involuntary manslaughter. 34 Ark. 639. 2. There was error in refusing to admit testimony as to reputation of deceased. 2 Wharton, Cr. Law, § 1099; 2 Duval 328; 1 Mete. 370; 31 Miss. 504; 50 Mo. 357; 25 Mich. 405. 3: The court erred in its instructions to voluntary manslaughter.

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Appeal from Drew Circuit Court; Turner Butler, Judge; 1. The evidence is not sufficient to sustain the verdict. It will not support a verdict of any higher degree of homicide than involuntary manslaughter. 34 Ark. 639. 2. There was error in refusing to admit testimony as to reputation of deceased. 2 Wharton, Cr. Law, § 1099; 2 Duval 328; 1 Mete. 370; 31 Miss. 504; 50 Mo. 357; 25 Mich. 405. 3: The court erred in its instructions to voluntary manslaughter. C. & M. Digest, § 2356; 99 Ark. 188; 117 Id. 302. 1. The evidence is sufficient to sustain the verdict. 75 Ark. 246; 110' Id. 402. 2.…

1Opinion of the CourtWood, J.

Appellant was indicted for murder in the first degree in the killing of Fannie Read. He was tried and convicted of voluntary manslaughter. From the judgment sentencing him to imprisonment in the State penitentiary for a period of five years, he appeals to this court.

The appellant, a negro eighteen years of age, and Fannie Read, a negress about thirty years old, on the 8th of August, 1920, were living in illicit cohabitation at Tennessee Spur in Drew County, Arkansas. On the night of that day, and near the house in which they were living, a gun was discharged and appellant and Fannie Read were…

2Cases cited8 opinions

  1. Palmore v. StateSupreme Court of Arkansas · 1874
  2. Routt v. StateSupreme Court of Arkansas · 1896
  3. Fones v. PhillipsSupreme Court of Arkansas · 1882
  4. Brown v. StateSupreme Court of Arkansas · 1879
  5. Noble v. StateSupreme Court of Arkansas · 1905

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Caton v. StateSupreme Court of Arkansas · 1972
  2. People v. CelluraMichigan Supreme Court · 1939
  3. Blake v. StateSupreme Court of Arkansas · 1932
  4. Jett v. StateSupreme Court of Arkansas · 1922
  5. Bennett v. StateSupreme Court of Arkansas · 1923

3 more not listed; retrieve them via the Exa API.

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