Holt v. State
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. The verdict in this case is so palpably against the evidence, as “ to shock one's sense of justice.” 3‡ Ark., 639. It is wholly unsupported by the evidence. It was the duty of the court to instruct the jury properly, even though no instructions had been asked by the defendant.
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APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. The verdict in this case is so palpably against the evidence, as “ to shock one's sense of justice.” 3‡ Ark., 639. It is wholly unsupported by the evidence. It was the duty of the court to instruct the jury properly, even though no instructions had been asked by the defendant. Const., Art. 7, sec. 23; 22 Iowa, 270; 23 Id., 372; 38 Cal., 2‡3; Instructions to Juries (Sackett), p. 13, sec. p; 37 Ark., 338. The indictment fails to charge the crime “ in the name and by the authority of the state,” as required by law. Mansf…
1Opinion of the CourtBattle, J.
Sam Holt was indicted in the Washington circuit court for assaulting 01. Cowger, with a deadly weapon, with intent to inflict upon his person a bodily injury, when no considerable provocation appeared, and was convicted. He filed motions for new trial and in arrest of judgment, which were overruled, and he saved exceptions and appealed.
of‘ Indict-t : Form
The commencement of the indictment is as follows : “ The grand jury of Washington county accuse Charley Washington, John Washington and Sam Holt, of the crime of an assault with a deadly weapon, committed as follows.” Appellant insists that…
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