Bealmear v. State
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Maples, Judge; 1. The court’s ninth instruction on the question of self-defense ignores the principle that one on his own premises may, without retreating, stand his ground, and repel the invasion of one who comes in violent or tumultuous manner, and is not the law.
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Appeal from Benton Circuit Court; J. S. Maples, Judge; 1. The court’s ninth instruction on the question of self-defense ignores the principle that one on his own premises may, without retreating, stand his ground, and repel the invasion of one who comes in violent or tumultuous manner, and is not the law. Kirby’s Dig., § 1796. 2. Instruction 11, as given by the court, authorized a conviction, even though the jury might find that the defendant honestly believed that he was “then and there in danger of losing his life or receiving great bodily injury at the hands of deceased.” As given, the…
1Opinion of the CourtMcCulloch, C. J.
The defendant, A. J. Bealmear, was indicted by the grand jury of Benton County for the crime of murder in the first degree in the kiling of one C. C. McAdams on January 17, 1912.
The trial of the case resulted in a verdict finding the defendant guilty of murder in the second degree, and his punishment was assessed at five years in the State penitentiary. His motion for a new trial was overruled, and he has appealed to this court.
The killing is admitted, and defendant relies on a plea of self-defense. The killing occurred at defendant’s home on a farm between Bentonville and Rogers. He was an…
2Cited by7 opinions
- St. Louis Southwestern Railway Co. v. EllenwoodSupreme Court of Arkansas · 1916
- Davis v. StateSupreme Court of Arkansas · 1944
- Scruggs v. StateSupreme Court of Arkansas · 1917
- Sneed v. StateSupreme Court of Arkansas · 1920
- Cooley v. StateCourt of Appeals of Arkansas · 1982
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