Rosemond v. State
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; It is conceded that the evidence is sufficient to convict appellant of murder in the second degree, but it is not sufficient to sustain the conviction of murder in the first degree. 82 Ark. 97! 37 Ark. 239; 83 Ark. 268. Malice is shown, and a spirit of revenge harbored by appellant against deceased for sometime previous to the assault'. That it was premeditated is shown by appellant’s own testimony, and the club…
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Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; It is conceded that the evidence is sufficient to convict appellant of murder in the second degree, but it is not sufficient to sustain the conviction of murder in the first degree. 82 Ark. 97! 37 Ark. 239; 83 Ark. 268. Malice is shown, and a spirit of revenge harbored by appellant against deceased for sometime previous to the assault'. That it was premeditated is shown by appellant’s own testimony, and the club used was a deadly weapon. The evidence sustains the verdict.
1Opinion of the CourtHire, C. J.
Appellant’s counsel thus states his case: “About six-thirty o’clock on the evening of March 2, 1907, Charles Lewis and two or three other negro companions were walking along the road or street leading from the commissary at Stamps, Arkansas. They were going home from their work at the end of the day, and the. way led over a bridge across a body of water known as the ‘Pond.’ Just before reaching the bridge, they overtook the defendant, Ike Rosemond, another negro, who was known to the others not as Rosemond but as ‘Big Boy.’ The defendant joined them, and they walked along in ‘rotation,’ as…
2Cases cited3 opinions
- Green v. StateSupreme Court of Arkansas · 1888
- M'Whirt's CaseGeneral Court of Virginia · 1846
- Commonwealth v. FoxMassachusetts Supreme Judicial Court · 1856
3Cited by7 opinions
- Williams v. StateSupreme Court of Arkansas · 1924
- Johnson v. StateSupreme Court of Arkansas · 1917
- Pixley v. StateSupreme Court of Arkansas · 1941
- Jackson v. StateSupreme Court of Arkansas · 1918
- Delaney v. StateSupreme Court of Arkansas · 1948
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