Wilson v. State
Supreme Court of Arkansas
Appeal from Greene Circuit Court. Felix G. Taylor, Judge. STATEMENT BY THE COURT. The appellant was indicted for assault and battery, alleged to have been committed in Greene county, was convicted, and appealed to this court. The evidence tends to show that the offense was committed on Lower White Oak Island, and that this island is in the St. Francis river, and that the river is the boundary between Craighead and Greene counties.
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Appeal from Greene Circuit Court. Felix G. Taylor, Judge. STATEMENT BY THE COURT. The appellant was indicted for assault and battery, alleged to have been committed in Greene county, was convicted, and appealed to this court. The evidence tends to show that the offense was committed on Lower White Oak Island, and that this island is in the St. Francis river, and that the river is the boundary between Craighead and Greene counties. Instructions were given by the court and excepted to by the defendant, but the giving of them was not made grounds of the motion for new trial. According to the…
1Opinion of the Court
Hughes, J.,
(after stating the facts). Was there error in the court’s refusal to instruct the jury that, unless the venue was proved beyond a reasonable doubt, the defendant could not be convicted? Upon this question there is diversity of judicial opinion, and it may be that a majority in number of the rulings are that the venue must be proved beyond a reasonable doubt. Bishop, in the first volume of his New Criminal Procedure, section 384, 2, says: “As in other issues, the proof is not required to be delivered in the words of the indictment. Any ordinary evidence suffices which in fact leads…
2Cases cited2 opinions
- Andrews v. StateSupreme Court of Florida · 1885
- Richardson v. CommonwealthSupreme Court of Virginia · 1885
3Cited by11 opinions
- Douglass v. StateSupreme Court of Arkansas · 1909
- State v. KincaidWashington Supreme Court · 1912
- Norris v. StateTennessee Supreme Court · 1912
- People v. McIntoshIllinois Supreme Court · 1909
- Bloom v. StateSupreme Court of Arkansas · 1900
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