Howard v. State
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; 1. Appellant should have been granted a new trial because of newly discovered evidence — matters known to the defendant, it is true, but of the legal effect of which she was utterly ignorant, and which were not disclosed to her counsel until after the trial. 2. The evidence was not sufficient to sustain a verdict for murder in the first degree.
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Appeal from Union Circuit Court; George W. Hays, Judge; 1. Appellant should have been granted a new trial because of newly discovered evidence — matters known to the defendant, it is true, but of the legal effect of which she was utterly ignorant, and which were not disclosed to her counsel until after the trial. 2. The evidence was not sufficient to sustain a verdict for murder in the first degree. To authorize such a verdict, there must have been a specific intent to take life formed in the mind of the slayer before the aot of killing. It must have been willful, deliberate, malicious and…
1Opinion of the CourtRiddick, J.
This is an appeal by Dinah Howard, a negro woman, from a judgment of the Union Circuit Court for the Eastern District convicting her of murder in the first degree for shooting and killing J. W. Morrison, the town marshal of Huttig, and sentencing her to be hanged. The murder charged against the defendant was alleged to have been committed on the 20th of June, 1906, and the circumstances under which it was committed briefly stated are as follows: Dinah Howard, on the night previous to the night on which Morrison was shot, had. a quarrel with Richard Givens, a negro man, and in a struggle…
2Cases cited7 opinions
- Palmore v. StateSupreme Court of Arkansas · 1874
- Simpson v. StateSupreme Court of Arkansas · 1892
- State v. EvansSupreme Court of Missouri · 1901
- Green v. StateSupreme Court of Arkansas · 1888
- Sweeney v. StateSupreme Court of Arkansas · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Blake v. StateSupreme Court of Arkansas · 1932
- Torres v. StateNew Mexico Supreme Court · 1935
- People v. CollinsMichigan Supreme Court · 1921
- Harris v. StateSupreme Court of Arkansas · 1915
- State v. HallNew Mexico Supreme Court · 1935
2 more not listed; retrieve them via the Exa API.