Lassiter v. State
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; Jno. I. Worthington, Judge; 1. The court erred in overruling defendant’s motion for a continuance because three of his witnesses were in the army and beyond the reach of the court, whose testimony would have contradicted and tended to lessen the weight of the testimony of Mahan, the State’s principal witness. 2. Defendant was justified in firing the first shot in self-defense.
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Appeal from Cleburne Circuit Court; Jno. I. Worthington, Judge; 1. The court erred in overruling defendant’s motion for a continuance because three of his witnesses were in the army and beyond the reach of the court, whose testimony would have contradicted and tended to lessen the weight of the testimony of Mahan, the State’s principal witness. 2. Defendant was justified in firing the first shot in self-defense. He was guilty of no higher offense than manslaughter in firing the later shots, even if it was apparent that all danger had passed, and he was acting under the influence of passion…
1Opinion of the CourtSmith, J.
Appellant has prosecuted this appeal to reverse the judgment of the trial court sentencing him to a term of seven years in the penitentiary upon a conviction for murder in the second degree. The indictment charged murder in the first degree and alleged its commission by shooting one Eoff with a gun. The defense interposed was that of self-defense, and appellant testified that he fired the fatal shots in his necessary self defense and only to prevent the infliction of great bodily harm upon himself. Eoff was a widower and had courted appellant’s daughter, but she had declined or ignored his…
2Cases cited1 opinion
- Pfeifer Stone Co. v. ShirleySupreme Court of Arkansas · 1916
3Cited by5 opinions
- Jones v. StateSupreme Court of Arkansas · 1943
- Jones v. StateSupreme Court of Arkansas · 1982
- Crews v. StateSupreme Court of Arkansas · 1929
- Stout v. StateSupreme Court of Arkansas · 1968
- Stout v. StateSupreme Court of Arkansas · 1968