Legal Opinion · Dissent

Hill v. State

Supreme Court of Arkansas

Decided April 17, 1972No. 5696Published

1DissentConley Byrd, Justice

Article 7 § 23 of our Constitution provides:

“Judges shall not charge juries with regard to matters of fact, but shall declare the law, and in jury trials shall reduce their charge or instructions to writing on the request of either party.”

In the case before us the trial court instructed the jury:.. When insanity is relied on as a defense, an adjudication declaring the defendant to be incompetent or insane person may go to the jury as evidence on that issue. Such adjudication is not conclusive of the insanity of the defendant, but may be considered by you along with all the other evidence... .”

2Cases cited2 opinions

  1. Feild v. KoonceSupreme Court of Arkansas · 1929
  2. Poole v. StateSupreme Court of Arkansas · 1948

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