Flowers v. State
Supreme Court of Arkansas
Appeal from ■Craighead Circuit -Court, Jonesboro District; B. E. L. Johnson, Judge; 1. The demurrer should have been sustained.
Read the full summary
Appeal from ■Craighead Circuit -Court, Jonesboro District; B. E. L. Johnson, Judge; 1. The demurrer should have been sustained. The indictment is not such as could be pleaded in bar of prosecution for assault and battery, in the event of defendant’s .acquittal of an assault with intent to kill. 2. Since, under the instructions given, the jury might have found that the defendant had no right to go to Back’s store to remonstrate with him, or to warn him against further association with appellant’s wife, it was error to refuse appellant’s requested instruction No. 3. 133 Ark. 373, 378. 3. The…
1Opinion of the CourtMcCulloch, C. J.
Appellant was tried and convicted under an indictment charging him with assault upon one C. R. Brock with intent to kill. In the indictment it is charged that appellant “did unlawfully, wilfully, knowingly, maliciously, deliberately, feloniously, and of his malice aforethought and with premeditation, commit an assault in and upon one C. R. Brock with a deadly weapon, to-wit, a pistol, then and there had and held in the hands of him, the said Ben Flowers, with the felonb ous intent then and there, him, the said C. R. Brock, to kill and murder. ’ ’ There was a demurrer to the indictment, which…
2Cases cited1 opinion
- Fisher v. StateSupreme Court of Arkansas · 1921
3Cited by2 opinions
- Keith v. StateSupreme Court of Arkansas · 1951
- Tygart v. KohlerCourt of Appeals of Arkansas · 2003