King v. State
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District ; W. J. Driver} Judge; There was evidence which, if (believed by the jury, would have warranted a verdict of a lower degree than murder in the first degree, .and the court erred in failing to instruct the jury as to murder in the 'Second degree.
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Appeal from Mississippi Circuit Court, Osceola District ; W. J. Driver} Judge; There was evidence which, if (believed by the jury, would have warranted a verdict of a lower degree than murder in the first degree, .and the court erred in failing to instruct the jury as to murder in the 'Second degree. Where there is the slightest evidence to warrant an instruction ef this nature, it is error to refuse to give it. 102 Ark. 186; 91 Ark. 575; 74 Ark. 265; Id. 451; 43 Ark. 289; 109 Ark. 517; 162 U. S. 313; Id. 466. ' The evidence is fully sufficient to show that all the elements of murder in the…
1Opinion of the CourtIt art, J.
Rice King prosecutes this appeal to reverse a judgment of conviction /against him for murder in the first degree, charged to have been committed by shooting Mary Jones with a pistol. The facts as shown by the State are substantially as follows:
Tom Jones and Mary Jones, his wife, both colored, lived on the farm of H. E. Bowen in Mississippi County. Rice King, also colored, lived in the same neighborhood. On one Tuesday morning in June, 1914, Tom Jones arose early in the morning and ’discovered that his gate had been left open, and that his hogs and cows! had got out. He went in one direction…
2Cases cited5 opinions
- Allison v. StateSupreme Court of Arkansas · 1905
- Threet v. StateSupreme Court of Arkansas · 1913
- Sweeney v. StateSupreme Court of Arkansas · 1880
- Pickett v. StateSupreme Court of Arkansas · 1909
- Thompson v. StateSupreme Court of Arkansas · 1908
3Cited by27 opinions
- Robinson v. StateSupreme Court of Arkansas · 1980
- Clark v. StateSupreme Court of Arkansas · 1925
- Walker v. StateSupreme Court of Arkansas · 1965
- Brewer v. StateSupreme Court of Arkansas · 1980
- Rogers v. StateSupreme Court of Arkansas · 1918
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