Lee v. State
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court. 1. It wjs error to give instruction No. 4, and refuse No. 5. One murderously assaulted is not obliged to retreat, but may pursue his adversary and slay him, if it appears reasonably necessary to secure himself from danger. Hawk. P. C., ch. 10, sec. 24; 1 Bish. Cr. L., (7th ed.), secs. 850, 870; 17 S. W. Rep., 450; 1 Fast, P. C. 271; 1 Lawson’s Cr. Def., p. 30 and note ; ib., p. 231; 32 la. 36; Stofer’s case, 15 Oh.
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Appeal from Faulkner Circuit Court. 1. It wjs error to give instruction No. 4, and refuse No. 5. One murderously assaulted is not obliged to retreat, but may pursue his adversary and slay him, if it appears reasonably necessary to secure himself from danger. Hawk. P. C., ch. 10, sec. 24; 1 Bish. Cr. L., (7th ed.), secs. 850, 870; 17 S. W. Rep., 450; 1 Fast, P. C. 271; 1 Lawson’s Cr. Def., p. 30 and note ; ib., p. 231; 32 la. 36; Stofer’s case, 15 Oh. St. ; 15 Ga. 117; 52 Ark. 47. 2. The jury were admonished, and the bailiff sworn and admonished, in the absence of defendant. These were…
1Opinion of the CourtCockrill, C. J.
The appellant was indicted for murder. He undertook to justify the homicide upon the ground of self defense. He was convicted of manslaughter, upon evidence which clearly justified the verdiet, and sentenced to seven years in the penitentiary. He seeks to reverse the judgment of conviction:
1. Because of the court’s refusal to give in charge to the jury a request preferred by him upon the doctrine of self defense. But, upon reference to the court’s charge, we find that subject sufficiently covered.
2. Because, it is said, a material step in the progress of the trial was taken in the prisoner’s…
2Cases cited6 opinions
- Stover v. . People of the State of N.Y.New York Court of Appeals · 1874
- Heldt v. StateNebraska Supreme Court · 1886
- McCoy v. StateSupreme Court of Arkansas · 1885
- State v. TatmanSupreme Court of Iowa · 1882
- Brashears v. StateCourt of Appeals of Maryland · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Diggs v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- State v. LarkinSupreme Court of Missouri · 1913
- People v. PrevostMichigan Supreme Court · 1922
- Chesapeake & Nashville Railway v. CrewsTennessee Supreme Court · 1906
- Williams v. ReutzelSupreme Court of Arkansas · 1895
13 more not listed; retrieve them via the Exa API.