Allen v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court; George R. Haynie, Judge; STATEMENT BY THE COURT. The appellant was -convicted -of the crime of assault with intent to kill one Dick Choate, and he has duly prosecuted this -appeal. On the part of the State, there was -evidence tending to show that on the night o»f October 23,1-914, Dick Choate, who was a deputy constable, and John -Strange, a special deputy, and W-alter Crowell, the regular .constable, passed the appellant’s restaurant.
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Appeal from Miller Circuit Court; George R. Haynie, Judge; STATEMENT BY THE COURT. The appellant was -convicted -of the crime of assault with intent to kill one Dick Choate, and he has duly prosecuted this -appeal. On the part of the State, there was -evidence tending to show that on the night o»f October 23,1-914, Dick Choate, who was a deputy constable, and John -Strange, a special deputy, and W-alter Crowell, the regular .constable, passed the appellant’s restaurant. Crowell went -around to the back door and -saw the appellant let a negro named Tom Crump have -some whiskey. -Crump was…
1Opinion of the Court
Wood, J.,
(after stating the facts). Appellant’s prayer for instruction No. 3 was correct. Chowning v. State, 91 Ark. 503-5, and cases therein cited.
(1-2) But the court correctly defined the essential ingredients of an assault with intent to kill in- the language of our statute, .section 1588, Kirby’s Digest. This charge was 'sufficiently specific to cover the declarations of law contained in appellant’s prayers 3 and 4. Moreover, appellant’s prayer No. 4 was not the law; it told the jury that 'before they could convict the defendant they must find that he shot at Dick Choate with a pistol…
2Cases cited3 opinions
- Chrisman v. StateSupreme Court of Arkansas · 1891
- Chowning v. StateSupreme Court of Arkansas · 1909
- Satterwhite v. StateSupreme Court of Arkansas · 1907
3Cited by7 opinions
- Keith v. StateSupreme Court of Arkansas · 1951
- Francis v. StateSupreme Court of Arkansas · 1934
- Slaytor v. StateSupreme Court of Arkansas · 1919
- Cheney v. StateSupreme Court of Arkansas · 1943
- Lisenby v. StateSupreme Court of Arkansas · 1976
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