Legal Opinion · Concurrence

Allison v. State

Supreme Court of Arkansas

Decided March 11, 1905Published

Appeal from Deslia Circuit Court. STATEMENT BY THE COURT. Warren Baldwin* a conductor in the employ of the Iron Mountain Railway Company, on the 18th of September, 1904, had charge of a passenger train on that road. This, train passed the town of Dermott at about 2 o’clock in the morning, and was going northward. Several passengers boarded the train at Der-mott, among them being O. J. Allison, a section foreman in the employ of the same road.

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Appeal from Deslia Circuit Court. STATEMENT BY THE COURT. Warren Baldwin* a conductor in the employ of the Iron Mountain Railway Company, on the 18th of September, 1904, had charge of a passenger train on that road. This, train passed the town of Dermott at about 2 o’clock in the morning, and was going northward. Several passengers boarded the train at Der-mott, among them being O. J. Allison, a section foreman in the employ of the same road. Allison had come down from McGehee, a station a few miles north, on a handcar with some negroes, and was returning to McGehee on the train. As Allison…

1Concurrence

Hirr, C. J.,

(concurring.) Counsel for appellant have presented numerous questions which they insist, severally and collectively, call for a reversal. • On all the questions presented the court is unanimously for an affirmance except one, and that one, which is chiefly relied upon by counsel, has given the court anxious consideration, and this question alone will be discussed in this opinion.

• The appellant was indicted for murder in the first degree, and the court gave to the jury on his trial correct instructions on murder in the first degree, murder in the second degree and justifiable…

2Cases cited14 opinions

  1. Benton v. StateSupreme Court of Arkansas · 1875
  2. State v. TurlingtonSupreme Court of Missouri · 1890
  3. Fagg v. StateSupreme Court of Arkansas · 1888
  4. Jones v. StateSupreme Court of Arkansas · 1889
  5. State v. PunshonSupreme Court of Missouri · 1894

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