Yancy v. State
Supreme Court of Arkansas
Appeal from Phillips 'Circuit Court; J. M. Jackson, Judge; 1. The court’s instruction on the plea of self-defense was erroneous and prejudicial, because the evidence 'did not warrant giving the instruction.
Read the full summary
Appeal from Phillips 'Circuit Court; J. M. Jackson, Judge; 1. The court’s instruction on the plea of self-defense was erroneous and prejudicial, because the evidence 'did not warrant giving the instruction. The evidence as offered by the 'State did not show that the defendant was the aggressor, or that he provoked the difficulty, but on the other hand, that he, in good faith, tried to avoid it. 'The instruction as given was not applicable to the facts, and was misleading. 99 Ark. 462-474; 62 Ark. 306, 307; 95 Ark. 428, 430, 432 ; 73 Ark. 399, 406. It was erroneous in that it singled out one…
1Opinion of the CourtHast, J.
Clarke Yancy was indicted for murder in the first degree charged to have been committed by shooting Luther Surman. He was tried, was convicted of murder in the second degree and his punishment was fixed by the jury at imprisonment in the penitentiary for seven years. From the judgment of conviction he has duly prosecuted an appeal to this court. The facts are as follows:
On the 27th day of February, 1915, Clark Yancy shot Luther Surman at a dance at Trenton, in Phillips Counity, Arkansas. One shot entered just below the point of the shoulder blade and a little to the right side of it; iand the…
2Cases cited2 opinions
- Bruder v. StateSupreme Court of Arkansas · 1913
- Arnott v. StateSupreme Court of Arkansas · 1913
3Cited by4 opinions
- Burton v. StateSupreme Court of Arkansas · 1973
- McCarley v. StateSupreme Court of Arkansas · 1974
- Hornsby v. StateSupreme Court of Arkansas · 1924
- Bivins v. StateSupreme Court of Arkansas · 1985