Porter v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 1. The evidence fails to show malice. Mansf. Dig. sec. 1519. It is true, killing with a deadly weapon usually implies malice, but if there are circumstances of justification, mitigation, or excuse, the law does not imply malice. 35 Ark. 585; 38 id. 221; 34 id. 433. The evidence only makes a case of manslaughter, and, under the rule in 19 S. W. Rep. 99, the case should be remanded with directions to sentence for…
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Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. 1. The evidence fails to show malice. Mansf. Dig. sec. 1519. It is true, killing with a deadly weapon usually implies malice, but if there are circumstances of justification, mitigation, or excuse, the law does not imply malice. 35 Ark. 585; 38 id. 221; 34 id. 433. The evidence only makes a case of manslaughter, and, under the rule in 19 S. W. Rep. 99, the case should be remanded with directions to sentence for manslaugditer. 2. The jury failed to find the degree of murder. Mansf. Dig. sec. 2284 ; 26 Ark. 323, 535, 614 ; -24 Tex. 410,…
1Opinion of the CourtCockriee, C. J.
On an indictment for murder in the second degree, the jury returned a verdict of “ g'uilty as charged in the indictment,” and left the assessment of the punishment to the court. The court treated the verdict as one for murder in the second degree, and sentenced the prisoner to the lowest term of imprisonment provided for that offense. The statute prescribes that “the jury shall, in all cases of murder, on conviction of the accused, find by their verdict whether he be g'uilty of murder in the first or second degree.” Mansf. Dig. sec. 2284.
It is arg'ued that the verdict in this case is…
2Cases cited3 opinions
- Simpson v. StateSupreme Court of Arkansas · 1892
- Fagg v. StateSupreme Court of Arkansas · 1888
- Curtis v. StateSupreme Court of Arkansas · 1871
3Cited by9 opinions
- Wells v. StateSupreme Court of Arkansas · 1937
- Jones v. StateSupreme Court of Arkansas · 1942
- Clayton v. StateSupreme Court of Arkansas · 1935
- Banks v. StateSupreme Court of Arkansas · 1920
- Wallace v. StateSupreme Court of Arkansas · 1929
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