Legal Opinion

Carpenter v. State

Supreme Court of Arkansas

Decided December 2, 1893PublishedCited by 6 opinions

Appeal from Ashley Circuit court. George C. Sheet, Judge. STATEMENT BY THE COURT. The defendant and appellant, Ben B. Carpenter, was indicted at the January term, 1892, of the Ashley circuit court, and in said court, at its following August term, was tried for the murder of H. J. Hannibal, on the following indictment (omiting the formal parts), to-wifi: “ The said Ben B. Carpenter, in the county and State aforesaid, on or about the 28th day of September, 1891, did…

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Appeal from Ashley Circuit court. George C. Sheet, Judge. STATEMENT BY THE COURT. The defendant and appellant, Ben B. Carpenter, was indicted at the January term, 1892, of the Ashley circuit court, and in said court, at its following August term, was tried for the murder of H. J. Hannibal, on the following indictment (omiting the formal parts), to-wifi: “ The said Ben B. Carpenter, in the county and State aforesaid, on or about the 28th day of September, 1891, did feloniously, wilfully and with malice aforethought and with premeditation and deliberation, kill and murder one H. J. Hannibal,…

1Opinion of the Court

Bunn, C. J.,

1. verdict should find ¿gfree of mur(after stating the facts.) As to the first . ground ot motion tor new trial, we are unable to see anything in section 2284, Mansfield’s Digest (which requires juries in the trial of cases of murder to find the degree of murder) inconsistent with sections 254, 255, 259 and 260 of the criminal code, as originally numbered, or with any other section of same ; and while there may be a difference of opinion as to whether or not the code, in attempting to cover the whole ground of our criminal procedure, may not contain a provision tantamount to this…

2Cases cited1 opinion

  1. Thompson v. StateSupreme Court of Arkansas · 1870

3Cited by6 opinions

  1. Carpenter v. StateSupreme Court of Arkansas · 1896
  2. Jones v. StateSupreme Court of Arkansas · 1942
  3. Anderson v. SnyderSupreme Court of Connecticut · 1917
  4. Banks v. StateSupreme Court of Arkansas · 1920
  5. Walton v. StateSupreme Court of Arkansas · 1960

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