Rogers v. State
Supreme Court of Arkansas
Appeal from Benton Circuit Court; W. A. Dickson, Judge; Before a conviction for assault with intent to kill can be sustained, the evidence must show beyond a reasonable doubt that the defendant would have been guilty of either murder in the first or second degree, had death ensued from the assault. 47 Ark. 275; 120 Ark. 494; 125 Ark. 542; 72 Ark. 569. The burden was upon the State, which it has failed to discharge, of proving a specific intent to kill. 96 Ark. 55; 49 Ark.…
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Appeal from Benton Circuit Court; W. A. Dickson, Judge; Before a conviction for assault with intent to kill can be sustained, the evidence must show beyond a reasonable doubt that the defendant would have been guilty of either murder in the first or second degree, had death ensued from the assault. 47 Ark. 275; 120 Ark. 494; 125 Ark. 542; 72 Ark. 569. The burden was upon the State, which it has failed to discharge, of proving a specific intent to kill. 96 Ark. 55; 49 Ark. 156; 54 Ark. 283; 54 Ark. 336 and 489; 94 Ark. 69. Neither has the State proved the other necessary element of malice to…
1Opinion of the CourtSmith, J.
Appellant was convicted of assault with intent to kill upon his trial under an indictment which, omitting the formal parts, reads as follows: £ £ The said Earle Rogers in the county of Benton and State of Arkansas on the 11th day of November, 1921, feloniously, wilfully and with malice aforethought did commit an assault on one Alfred Elkins with a deadly weapon, to-wit, a pistol, with the felonious intent then and there to kill and murder him the said Alfred Elkins, no considerable provocation for said assault then and there appearing and the circumstances thereof showing an abandoned and…
2Cases cited5 opinions
- Lacefield v. StateSupreme Court of Arkansas · 1879
- Cranford v. StateSupreme Court of Arkansas · 1917
- Burton v. StateSupreme Court of Arkansas · 1907
- State v. DeLongSupreme Court of Arkansas · 1909
- Blackburn v. StateSupreme Court of Arkansas · 1918
3Cited by2 opinions
- Brockwell v. StateSupreme Court of Arkansas · 1976
- Brockwell v. StateSupreme Court of Arkansas · 1976