Hobbs v. State
Supreme Court of Arkansas
Appeal from Pope Circuit Court; I. Hugh'Basham, Judge; - 1. Nowhere in the court’s instructions was the defendant given the benefiNof a reasonable doubt as to his guilt.
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Appeal from Pope Circuit Court; I. Hugh'Basham, Judge; - 1. Nowhere in the court’s instructions was the defendant given the benefiNof a reasonable doubt as to his guilt. Kirby’s Dig. § 2386-7; 38 Ark. 304; 36 Id. 127; 20 Id. 166. 2. Defendant .was never arraigned, nor did he ever waive arraignment ñor pleaded. 39 Ark. 180; 34 Id. 275. 3. The declarations and acts of persons who happened to be with accused shortly before a crime should not go to a jury without an explanation and caution from the court as to the purpose for which they were admitted, and when they should be considered and when…
1Opinion of the CourtHill, C. J.
Dave and Sam Hobbs were jointly indicted by the grand jury of Pope County, charged with assault with intent to kill and murder- one Bill Rolls. Harry Moore was at the same time indicted for the same offense. On separate trial, Dave Hobbs was convicted of aggravated assault, fined $50 and sentenced to six months in the county jail, and has appealed.
The first alleged error is the failure of the court to instruct as to reasonable doubt. The court gave but one instruction, and it was not excepted to, and the appellant did not ask for a reasonable doubt instruction to be given. “As the defendant…
2Cases cited14 opinions
- Lacefield v. StateSupreme Court of Arkansas · 1879
- Chapline v. StateSupreme Court of Arkansas · 1906
- Lee v. StateSupreme Court of Arkansas · 1904
- Hayden v. StateSupreme Court of Arkansas · 1892
- Brewer v. StateSupreme Court of Arkansas · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Davidson v. StateSupreme Court of Arkansas · 1913
- Hamm v. StateSupreme Court of Arkansas · 2006
- Webb v. StateSupreme Court of Arkansas · 1922
- Ellingburg v. StateSupreme Court of Arkansas · 1973
- Hicks v. StateSupreme Court of Arkansas · 1920
8 more not listed; retrieve them via the Exa API.