Legal Opinion

Price v. State

Supreme Court of Arkansas

Decided February 18, 1907PublishedCited by 5 opinions

Appeal from Washington Circuit Court; B. S. McDaniel, Special Judge; There is error in this record, but none of which appellant can complain. The evidence was amply sufficient to sustain a conviction for a higher degree of homicide, but none whatever upon which to base an instruction warranting a verdict of involuntary manslaughter. 80 Ark. 225. An accessory is he who stands by, aids, abets or assists, or * * * hath advised and encouraged the prosecution of the crime.

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Appeal from Washington Circuit Court; B. S. McDaniel, Special Judge; There is error in this record, but none of which appellant can complain. The evidence was amply sufficient to sustain a conviction for a higher degree of homicide, but none whatever upon which to base an instruction warranting a verdict of involuntary manslaughter. 80 Ark. 225. An accessory is he who stands by, aids, abets or assists, or * * * hath advised and encouraged the prosecution of the crime. Kirby’s Digest, § 1560. In cases of felony, such persons are deemed principal offenders and indicted and punished as such. Ib.…

1Opinion of the CourtMcCulloch, J.

Appellant, Alex Price, was indicted for murder in the second degree, and convicted of involuntary manslaughter. He and his son, Will Price, were jointly indicted, being accused of killing one Squire Wallace, and appellant was tried separately. Wallace was shot and killed by Will Price at the home of the former, and there was evidence tending to show that appellant was present and encouraged the commission of the homicide. On the night of the killing Wallace gave a dance at his house, his friends and neighbors being in attendance. Appellant and his son and other members of his family were…

2Cases cited2 opinions

  1. Benton v. StateSupreme Court of Arkansas · 1906
  2. Burnett v. StateSupreme Court of Arkansas · 1906

3Cited by5 opinions

  1. State v. YargusSupreme Court of Kansas · 1922
  2. Sexton v. StateSupreme Court of Arkansas · 1909
  3. Sharp v. StateSupreme Court of Arkansas · 1928
  4. State v. BrownSupreme Court of Arkansas · 1917
  5. State v. ReedNew Mexico Supreme Court · 1934

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