Legal Opinion

Noble v. State

Supreme Court of Arkansas

Decided April 29, 1905PublishedCited by 14 opinions

Appeal from Ashley Circuit Court. Zachariah T. Wood, Judge. statement by the court. Appellant was indicted by the grand jury of Ashley County upon the charge of murder in killing one Bev. íord, December 24, 1904. He was convicted of murder in the second.degree, and his punishment fixed at seven years and six months in the penitentiary. The killing by appellant is not disputed, but he claims that it was done in self-defense.

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Appeal from Ashley Circuit Court. Zachariah T. Wood, Judge. statement by the court. Appellant was indicted by the grand jury of Ashley County upon the charge of murder in killing one Bev. íord, December 24, 1904. He was convicted of murder in the second.degree, and his punishment fixed at seven years and six months in the penitentiary. The killing by appellant is not disputed, but he claims that it was done in self-defense. The killing occurred at the store of one Gogay Belóat, near the village of Milo, in Ashley County, where the young men had assembled to celebrate the eve.of Christmas.…

1Opinion of the Court

McCujxoch, J.,

(after stating the facts.)-' The testimony is abundant.to establish the fact that appellant was the aggressor in both encounters with deceased, and fully sustains the verdict of the. jury. It is unnecessary to rehearse all the facts.

The court, on motion of counsel for the State, fully and correctly instructed the jury as to the grades of murder and manslaughter, and we find no error therein.

The defendant asked the following instruction, which the court, over his objection, modified by inserting the words shown in italics below, viz:

“No. 5. You are instructed .that manslaughter…

2Cases cited5 opinions

  1. State v. PartlowSupreme Court of Missouri · 1886
  2. Vance v. StateSupreme Court of Arkansas · 1902
  3. Routt v. StateSupreme Court of Arkansas · 1896
  4. Darden v. StateSupreme Court of Arkansas · 1904
  5. Cotton v. StateMississippi Supreme Court · 1872

3Cited by14 opinions

  1. Caton v. StateSupreme Court of Arkansas · 1972
  2. Williams v. StateSupreme Court of Arkansas · 1931
  3. Blake v. StateSupreme Court of Arkansas · 1932
  4. Bailey v. StateSupreme Court of Arkansas · 1943
  5. Smith v. StateSupreme Court of Arkansas · 1949

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