Farris v. State
Supreme Court of Arkansas
ERROR to Little River Circuit Court. Rufus D. Hearn, Judge. Appeal from a conviction of murder in the second degree. Error is assigned in the court’s refusal to instruct the jury as to the crime of voluntary manslaughter. I. The court erred in refusing to give any instructions-whatever as to manslaughter, thus compelling the jury to-find defendant guilty of murder or to acquit. Nor did the court define what manslaughter was. Mansf.
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ERROR to Little River Circuit Court. Rufus D. Hearn, Judge. Appeal from a conviction of murder in the second degree. Error is assigned in the court’s refusal to instruct the jury as to the crime of voluntary manslaughter. I. The court erred in refusing to give any instructions-whatever as to manslaughter, thus compelling the jury to-find defendant guilty of murder or to acquit. Nor did the court define what manslaughter was. Mansf. Dig., sec. 1532 32 Ark., 539. 2. The circumstances of this case only make it manslaughter. i Archb. Cr. Pr., 698, note 1, et seq.; 2 Bish. Cr. Law, 712; 2 Wheeler,…
1Opinion of the CourtHemingway, J.
There was evidence upon the trial, which, if believed by the jury, would have warranted a finding that the homicide charged was committed under a provocation sufficient in law to reduce the offense to manslaughter. The court should therefore, on the prayer of the defendant, have charged the jury on the law applicable to that offense.
Erroneous refusal of instruction not prejudicial when. In the charge given the jury were informed that they could not convict the defendant of murder in the second degree if he killed the deceased in self-defense, or in a sudden heat of passion upon a provocation;…
2Cited by9 opinions
- Rainey v. StateSupreme Court of Arkansas · 1992
- Brown v. StateSupreme Court of Georgia · 1912
- Baker v. StateSupreme Court of Arkansas · 1894
- Jones v. StateSupreme Court of Arkansas · 1912
- Newsome v. StateSupreme Court of Arkansas · 1948
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