May v. State
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; W. E. Patterson, Judge; STATEMENT BY" THE COURT. The appellant, Will May, was indicted by the grand jury of Columbia County, Arkansas, for assault with intent to kill one Pleas Dismukes by cutting him with a knife, and he was convicted of that crime and sentenced to one year’s imprisonment in the State penitentiary, and has prosecuted this appeal.
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Appeal from Columbia Circuit Court; W. E. Patterson, Judge; STATEMENT BY" THE COURT. The appellant, Will May, was indicted by the grand jury of Columbia County, Arkansas, for assault with intent to kill one Pleas Dismukes by cutting him with a knife, and he was convicted of that crime and sentenced to one year’s imprisonment in the State penitentiary, and has prosecuted this appeal. The sufficiency of the evidence to support the verdict is not questioned, but appellant relies for a reversal upon a variance between the indictment and the proof, and the failure of the court to properly instruct…
1Opinion of the Court
Smith, J.,
(after stating the facts). Appellant contends that the allegation that the cutting was done with a knife is descriptive of the offense, and should be proved as alleged, and he asked that the jury be told by his instruction numbered 8, which was refused by the court, that a conviction could not be had if the cutting was done with a razor instead of a knife. We think there is no substantial variance between the allegation and the proof and that the court did not err in refusing to give the requested instruction. Webster’s New International Dictionary gives the pictures of twenty-one…
2Cases cited2 opinions
- Bradley v. StateSupreme Court of Arkansas · 1878
- Floyd v. StateSupreme Court of Arkansas · 1906
3Cited by8 opinions
- McCleary v. HudspethCourt of Appeals for the Tenth Circuit · 1941
- Tilghman v. MayoSupreme Court of Florida · 1955
- Watson v. StateCourt of Appeals of Georgia · 1918
- State v. HowardNew Jersey Superior Court Appellate Division · 1973
- Harper v. StateCourt of Criminal Appeals of Texas · 1937
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