Webb v. State
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; The verdict of murder in second degree is without evidence to sustain it, as it was based on mere supposition or guess. 56 Ark. 8; 49 Ark. 364. Malice, express or implied, must be proved, and the absence of proof on that point is basis for reversal where there is a conviction of murder in the second de-gree. 141 Ark. 57. No presumption of malice where the killing is shown to have been necessary, and none of the…
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Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; The verdict of murder in second degree is without evidence to sustain it, as it was based on mere supposition or guess. 56 Ark. 8; 49 Ark. 364. Malice, express or implied, must be proved, and the absence of proof on that point is basis for reversal where there is a conviction of murder in the second de-gree. 141 Ark. 57. No presumption of malice where the killing is shown to have been necessary, and none of the circumstances manifest a wicked or abandoned disposition. 82 Ark. 545. Proof of killing does not make out the offense of…
1Opinion of the CourtHumphreys, J.
Appellant was indicted and tried in the Jefferson Circuit Court for murder in the first degree for shooting and killing one King Waters, found guilty of murder in the second degree, and as a punishment therefor sentenced to serve a period of twenty-one years in the State penitentiary, from which judgment and sentence an appeal has been duly prosecuted to this court.
Appellant’s first insistence is that the evidence on . behalf of the State tended to establish murder in the first degree, and that adduced on behalf of appellant tended to establish a justifiable homicide, and, for that reason,…
2Cases cited11 opinions
- Vance v. StateSupreme Court of Arkansas · 1902
- Boland v. StanleySupreme Court of Arkansas · 1909
- McGough v. StateSupreme Court of Arkansas · 1914
- McAdams v. StateSupreme Court of Arkansas · 1869
- Ward v. BlackwoodSupreme Court of Arkansas · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Peters v. StateSupreme Court of Arkansas · 1970
- Smith v. StateSupreme Court of Arkansas · 1953
- Stepp v. StateSupreme Court of Arkansas · 1926
- Wallin v. StateSupreme Court of Arkansas · 1946
- Bly v. StateSupreme Court of Arkansas · 1948
5 more not listed; retrieve them via the Exa API.