Legal Opinion

Sharp v. State

Supreme Court of Arkansas

Decided November 15, 1888PublishedCited by 44 opinions

APPEAL from Garland Circuit Court. J. B. Wood, Judge. 1. The instructions refused by the court stated a correct principle of the criminal law. Wharton Am. Cr. Law, 4th Rev. Ed., sec. 568; 57 Ind., 80; 134 Mass., 215; 47 Am. Dec., 265; 36 Ga., 91; 1 Cr. Def., 125-6. 2. The question and reply of the judge was improper. 3. Reviews the evidence and contends that it is not sufficient to support the verdict. (The case was also argued orally.) Argued the case orally.

1Opinion of the CourtBattle, J.

Appellant and Jasper Dunkin were jointly indicted for murder in the first degree; were jointly tried, and were convicted of murder in the second degree. They moved for a new trial. During the pendency of the motion Dunkin died. The motion was denied and Sharp appealed.

It is alleged in the indictment that the accused murdered Mike Martin by stabbing him with a knife. The evidence shows that Dunkin stabbed him, and that a physician was called in to treat his wound. Defendants introduced the testimony of experts for the purpose of proving that the wound was not mortal, and that the death of the…

2Cases cited4 opinions

  1. McMinn v. WhelanCalifornia Supreme Court · 1865
  2. State v. MorphySupreme Court of Iowa · 1871
  3. State v. . LeeSupreme Court of North Carolina · 1879
  4. People v. DickCalifornia Supreme Court · 1868

3Cited by44 opinions

  1. Ratton v. BusbySupreme Court of Arkansas · 1959
  2. West v. StateSupreme Court of Arkansas · 1973
  3. Jordan v. GuinnSupreme Court of Arkansas · 1972
  4. State v. LeeSupreme Court of Iowa · 1894
  5. State v. RichardsonWashington Supreme Court · 1938

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