Gilmore v. State
Supreme Court of Arkansas
Appeal from Sevier Circuit Courty James S. Steel, Judge; STATEMENT BY THE COURT. The appellant was indicted for voluntary manslaughter, was convicted of involuntary manslaughter, and sentenced to seven months’ imprisonment in the penitentiary. He appeals to this court. In October, 1907, appellant and several others, including Nick White, were in a wagon going from DeQueen to Ultima Thule. Appellant and White had a fight.
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Appeal from Sevier Circuit Courty James S. Steel, Judge; STATEMENT BY THE COURT. The appellant was indicted for voluntary manslaughter, was convicted of involuntary manslaughter, and sentenced to seven months’ imprisonment in the penitentiary. He appeals to this court. In October, 1907, appellant and several others, including Nick White, were in a wagon going from DeQueen to Ultima Thule. Appellant and White had a fight. Appellant left the wagon, seized a “binding pole” about six feet long, and struck at White three times. White was on the wagon, and the wagon was in motion. Appellant struck…
1Opinion of the Court
Wood, J.,
(after stating the facts). There was evidence to warrant the jury in finding that the blows given White by appellant caused him to fall from the wagon and under the wheel that passed over his body, and that these blows contributed directly to produce the death of White.
We find no error in the instructions. Number 1 was a copy of section 1779, Kirby’s Digest, and proper to be given in such cases. Number 12 announced a correct principle, applicable to the facts here, and likewise number 4 as modified. These with other instructions presented the law of the case to the jury. There was no…
2Cited by2 opinions
- Wilson v. StateSupreme Court of Arkansas · 1934
- Hankins v. StateSupreme Court of Arkansas · 1944