McVay v. State
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The court erred in not dismissing the jury on appellant’s motion. 82 Ark. 188. 2. Under the indictment, appellant could not have been legally convicted unless he himself fired the fatal shot.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The court erred in not dismissing the jury on appellant’s motion. 82 Ark. 188. 2. Under the indictment, appellant could not have been legally convicted unless he himself fired the fatal shot. It Was not sufficient to enable him to prepare his defense, in that it did not set out the nature and circumstances of the offense and the facts constituting the offense, nor did it advise him that in the trial the State would rely upon proof that another person or persons did the killing, and that appellant was guilty simply by virtue of…
1Opinion of the CourtMcCulloch, C. J.
Defendant, John McVay, was indicted by the grand jury of Jefferson County for the crime of murder in the first degree, charging the killing of J. W. Ethridge.
The trial of the cause resulted in a verdict of guilty as charged, and judgment was duly rendered fixing the death penalty.
The motion for new trial contains forty-nine assignments of error, but we need only discuss the few assignments relied on here in the brief and in oral argument of defendant’s counsel. The others have, however, been examined by the court, and none is found to be sufficient to call for the reversal of the judgment.
The…
2Cases cited9 opinions
- Meisenheimer v. StateSupreme Court of Arkansas · 1904
- Stokes v. StateSupreme Court of Arkansas · 1902
- Commonwealth v. BannonMassachusetts Supreme Judicial Court · 1867
- Vaughan v. StateSupreme Court of Arkansas · 1892
- Skaggs v. StateSupreme Court of Arkansas · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Davidson v. StateSupreme Court of Arkansas · 1913
- Franklin v. StateSupreme Court of Arkansas · 1971
- Shinn v. StateSupreme Court of Arkansas · 1921
- Alexander v. StateCourt of Criminal Appeals of Texas · 1918
- Durham v. StateSupreme Court of Arkansas · 1929
10 more not listed; retrieve them via the Exa API.