Bittick v. State
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District. The court had no jurisdiction, and consent could not give it. 48 Ark. 51. It was error to instruct the jury that defendant was bound to retreat unless by so doing he would have increased his danger. 49 Ark. 543. It was also error for the court to repeat this instruction several times in different instructions. 38 Ark. 334; 43 Ark. 184; 59 Ark. 143. There was error in the sixth instruction. 62 Ark. 286. The failure of…
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Appeal from Craighead Circuit Court, Jonesboro District. The court had no jurisdiction, and consent could not give it. 48 Ark. 51. It was error to instruct the jury that defendant was bound to retreat unless by so doing he would have increased his danger. 49 Ark. 543. It was also error for the court to repeat this instruction several times in different instructions. 38 Ark. 334; 43 Ark. 184; 59 Ark. 143. There was error in the sixth instruction. 62 Ark. 286. The failure of the clerk to affix the jurat to the petition was a mere irregularity, and could not have prejudiced appellant. 5 Ark.…
1Opinion of the CourtBattle, J.
Charles Bittick was indicted by a grand jury of the circuit court of the Eastern district of Clay county for murder in the first degree. On his application for change of venue, the cause was transferred to the circuit court of the Jonesboro district of Craighead county. He was tried in the latter court, and convicted of voluntary,manslaughter. He now insists that the conviction was void because the circuit court in which he was tried did not have jurisdiction. The ground of this contention is that the memorandum at the end of his affidavit to his application, which was intended as a jurat,…
2Cases cited4 opinions
- State v. PotterSupreme Court of Kansas · 1876
- State v. KnightSupreme Court of Missouri · 1875
- Potter v. Adams' ExecutorsSupreme Court of Missouri · 1857
- Fortenheim v. Claflin, Allen & Co.Supreme Court of Arkansas · 1885
3Cited by4 opinions
- Cook Borden & Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1936
- Wise v. YunkerMichigan Supreme Court · 1923
- Perryman v. Abston, Wynne & Co.Supreme Court of Arkansas · 1924
- Allison v. StateSupreme Court of Arkansas · 1905