McGough v. State
Supreme Court of Arkansas
Appeal from Drew 'Circuit Court; Turner Butter, Judge; 1. There is absolutely no evidence tending to prove involuntary manslaughter, nor iany evidence to sustain such a, verdict. 71 Ark. 459; 99 Id. 188; 32 Id. 552; Kirby’s Digest, § 1779; 21 Cyc. 760-2. 2. It was error for the court to instruct the jury on involuntary manslaughter.
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Appeal from Drew 'Circuit Court; Turner Butter, Judge; 1. There is absolutely no evidence tending to prove involuntary manslaughter, nor iany evidence to sustain such a, verdict. 71 Ark. 459; 99 Id. 188; 32 Id. 552; Kirby’s Digest, § 1779; 21 Cyc. 760-2. 2. It was error for the court to instruct the jury on involuntary manslaughter. The error was not invited by appellant. 71 Ark. 86; 80 Id. 225; 82 Id. 25; 95 Id. 104; 74 Id. 262; 75 Id. 142; 73 Id. 262; 173 S. W. 852; 102 Ark. 266; 85 Id. 514; 103 Id. 505 ; 88 Id. 448; 77 Id. 464; 36 Id. 293; 156 U. S. 51. The error was prejudicial. 15 Sup.…
1Opinion of the CourtMcCulloch, C. J.
Appellant was placed on trial in the circuit court of Drew 'County under the charge of voluntary manslaughter, and the jury returned a verdict finding him guilty of involuntary manslaughter. He is charged with killing his brother-in-law, one Guy Ferguson, and he admits the killing but pleads self-defense. Appellant is a farmer in Drew County and Ferguson was a tenant on ¡appellant’s farm. They had not gotten along well together at all times, there being some evidence of altercations occurring between them, .and there is also proof of violent threats against appellant on the part of deceased.
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2Cases cited3 opinions
- Ringer v. StateSupreme Court of Arkansas · 1905
- State v. HardisterSupreme Court of Arkansas · 1882
- Edwards v. StateSupreme Court of Arkansas · 1914
3Cited by10 opinions
- Rogers v. StateSupreme Court of Arkansas · 1918
- Bailey v. StateSupreme Court of Arkansas · 1943
- Smith v. StateSupreme Court of Arkansas · 1953
- Crafford v. StateSupreme Court of Arkansas · 1925
- Vaden v. StateSupreme Court of Arkansas · 1927
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