Arnott v. State
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; J. M. Garter, Judge; STATEMENT by the court. The defendant, Sam Arnott, was indicted by the grand jury of Clark County for murder in the first degree, charged to have been committed by shooting I. Y. Nash. A change of venue was taken to Hempstead County, and the defendant was convicted of manslaughter, Ms punishment being fixed at two years in the State penitentiary.
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Appeal from Hempstead Circuit Court; J. M. Garter, Judge; STATEMENT by the court. The defendant, Sam Arnott, was indicted by the grand jury of Clark County for murder in the first degree, charged to have been committed by shooting I. Y. Nash. A change of venue was taken to Hempstead County, and the defendant was convicted of manslaughter, Ms punishment being fixed at two years in the State penitentiary. From the judgment of conviction he duly prosecuted an appeal to this court. The facts developed by the witnesses for the State are substantially as follows: ' The deceased, Nash, was marshal…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first contended by counsel for defendant that the court erred in giving instruction No. 9 at the request of the State. It is as follows:
“If you find from the evidence in this case beyond a reasonable doubt that the defendant, Sam Arnott, while in a dispute with the deceased, by violent and insulting language provoked the deceased to slap him in the face, and you further believe beyond a reasonable doubt that at the time lie so used said language toward the deceased that he intended to provoke an assault to be made upon him by the deceased for the…
2Cases cited1 opinion
- Ferguson v. StateSupreme Court of Arkansas · 1910
3Cited by4 opinions
- Little v. StateSupreme Court of Arkansas · 1977
- Peters v. StateSupreme Court of Arkansas · 1970
- Hornsby v. StateSupreme Court of Arkansas · 1924
- Yancy v. StateSupreme Court of Arkansas · 1915