Hamby v. State
Supreme Court of Arkansas
Appeal from Yell Circuit Court Wieeiam L. Moose, Judge. Appellant was indicted for murder in the first degree, and convicted of murder in the second.
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Appeal from Yell Circuit Court Wieeiam L. Moose, Judge. Appellant was indicted for murder in the first degree, and convicted of murder in the second. Without setting out the facts at large, it is sufficient to say that the alleged errors relied upon to secure a reversal consist of errors in giving and refusing instructions, in permitting improper testimony to be introduced, and in permitting the prosecuting attorney and his associated counsel to indulge in an improper line of argument. The facts sufficiently appear in the opinion. Affirmed. To constitute the act of defendant either murder or…
1Opinion of the CourtWood, J.
The testimony of experts introduced on behalf of appellant tended to show that deceased’s death was not caused by the blows received at the hands of appellant, but was the result of opiate poison of some kind. The testimony on behalf of the State tended to show that deceased was killed by the blows of appellant. The question as to how deceased came to his death was fairly submitted to the jury upon the proper instructions, and the jury was fully warranted in its conclusion that appellant killed deceased. The uncontradicted proof on behalf of the State, and also the testimony of appellant…
2Cited by3 opinions
- Walker v. StateSupreme Court of Arkansas · 1909
- Green v. StateSupreme Court of Arkansas · 1909
- McKenzie Const. Co. v. City of San AntonioCourt of Appeals of Texas · 1932