Mabry v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; William L: Moose, Judge, on ‘exchange of circuits; 1. The court erred in its instructions numbered 17 and 18. There is no authority, either in the statute or decisions of this court, for the use of the words “in the act” of killing, etc. It is sufficient if the danger appeared to the defendant to be urgent and pressing.
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Appeal from Sebastian Circuit Court, Greenwood District; William L: Moose, Judge, on ‘exchange of circuits; 1. The court erred in its instructions numbered 17 and 18. There is no authority, either in the statute or decisions of this court, for the use of the words “in the act” of killing, etc. It is sufficient if the danger appeared to the defendant to be urgent and pressing. Kirby’s Digest, § 1798; 68 Ark. 310; Hoard v. State, cunte, p. 87; 69 Ark. 658; 21 Cyc. 800. 2. The jury should have been instructed- that what constitutes great bodily injury was for them to determine. 60 Ark. 82.…
1Opinion of the CourtBattle, J.
Serf Mabry was indicted, by the grand jury of Sebastian County, at the July term, 1906, of the Sebastian Circuit Court for the Greenwood District, for murder in the first degree, committed by killing Grant Smith by striking him on the head with a hammer. At the same term of the court he was arraigned, pleaded not guilty, was tried, found guilty of voluntary manslaughter, and his punishment was assessed at two years in the penitentiary. He moved for a new trial, his motion was overruled, and he appealed to this court.
The evidence tended to prove the following facts: On the morning of the 13th…
2Cases cited2 opinions
- Carroll v. StateSupreme Court of Arkansas · 1885
- Holt v. StateSupreme Court of Arkansas · 1886
3Cited by7 opinions
- Webb v. StateSupreme Court of Arkansas · 1922
- Jackson v. StateSupreme Court of Arkansas · 1909
- Gilchrist v. StateSupreme Court of Arkansas · 1911
- Prewitt v. StateSupreme Court of Arkansas · 1921
- Starnes v. StateSupreme Court of Arkansas · 1917
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