Legal Opinion

Allen v. State

Supreme Court of Arkansas

Decided March 22, 1915PublishedCited by 7 opinions

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

  1. Chrisman v. StateSupreme Court of Arkansas · 1891
  2. Chowning v. StateSupreme Court of Arkansas · 1909
  3. Satterwhite v. StateSupreme Court of Arkansas · 1907

3Cited by7 opinions

  1. Keith v. StateSupreme Court of Arkansas · 1951
  2. Francis v. StateSupreme Court of Arkansas · 1934
  3. Slaytor v. StateSupreme Court of Arkansas · 1919
  4. Cheney v. StateSupreme Court of Arkansas · 1943
  5. Lisenby v. StateSupreme Court of Arkansas · 1976

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