Jones v. State
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Henry W. Wells, Judge, on exchange of circuits; STATEMENT BY THE COURT. The appellant was convicted of the crime of an assault with intent to kill one Carter. The evidence on the part of the State tended to show that about the 1st of May, 1907, a .man by the name of Carter reported'to the deputy constable that the appellant had tried to kill him (Carter) with an ax.
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Appeal from Jefferson Circuit Court; Henry W. Wells, Judge, on exchange of circuits; STATEMENT BY THE COURT. The appellant was convicted of the crime of an assault with intent to kill one Carter. The evidence on the part of the State tended to show that about the 1st of May, 1907, a .man by the name of Carter reported'to the deputy constable that the appellant had tried to kill him (Carter) with an ax. Whereupon the deputy constable went to Carter’s house and found the appellant in Carter’s house walking the floor. The door of Carter’s house was broken open as if it had been struck with a…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The instruction given at the request of the State was incomplete. It authorized the jury to find appellant guilty if he “feloniously, wilfully and with malice aforethought, with a deadly weapon, to-wit, an ax, did strike at or make an effort ¡to strike Carter with intention to murder and kill him.” This would not constitute an assault unless at the time appellant struck at or made an effort to strike Carter the latter was in striking distance, and appellant therefore had the ability to inflict the injury upon him, in the manner alleged. Kirby’s Digest, §…
2Cases cited7 opinions
- Rector v. RobinsSupreme Court of Arkansas · 1905
- Anderson v. StateSupreme Court of Arkansas · 1905
- Goodell v. Bluff City Lumber Co.Supreme Court of Arkansas · 1893
- Pratt v. StateSupreme Court of Arkansas · 1887
- Selden v. StateSupreme Court of Arkansas · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Dunlap v. StateSupreme Court of Arkansas · 1990
- Wells v. StateSupreme Court of Arkansas · 1913
- Lisenby v. StateSupreme Court of Arkansas · 1976
- Cornish v. FriedmanSupreme Court of Arkansas · 1910
3 more not listed; retrieve them via the Exa API.