Ince v. State
Supreme Court of Arkansas
’Appeal from Yell Circuit Court; Wirriam E. Moosb, Judge; 1. The. evidence was not sufficient to sustain the verdict. The testimony of experts establishes the insanity of defendant at the time the murders were committed. Test by which to distinguish between the homicidal maniac and the murderer: Ray’s Med. Jur. 224. See also 3 Witthaus & Becker on Med. Jur. 276; lb. 247; lb. Melancholia, 233; Reese, Med. Jur.
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’Appeal from Yell Circuit Court; Wirriam E. Moosb, Judge; 1. The. evidence was not sufficient to sustain the verdict. The testimony of experts establishes the insanity of defendant at the time the murders were committed. Test by which to distinguish between the homicidal maniac and the murderer: Ray’s Med. Jur. 224. See also 3 Witthaus & Becker on Med. Jur. 276; lb. 247; lb. Melancholia, 233; Reese, Med. Jur. (3 Ed.), 604; 5 Pepper’s System of Med., 147. If a reasonable doubt exists as to the sanity of the person, he should be acquitted. 75 N. Y. 159; 116 111. 555. As to non-expert testimony…
1Opinion of the CourtMcCulloch, J.
After this case was reversed and remanded for a new trial, it was removed on change of venue, to the circuit court of Yell County for the Dardanelle District, where the defendant was put upon trial at the September term, .1905, and was convicted of murder in the first degree.
Before sentence was 'pronounced, the defendant filed and presented a motion in arrest of the judgment on the alleged ground that “the indictment upon which the defendant was tried was and is void.” The statute provides that “the only ground upon which a judgment shall be arrested is that the facts stated in the indictment…
2Cases cited6 opinions
- Connors v. United StatesSupreme Court of the United States · 1895
- Cornell v. StateWisconsin Supreme Court · 1899
- Baker v. StateSupreme Court of Arkansas · 1842
- Pooler v. United StatesCourt of Appeals for the First Circuit · 1904
- State v. JourdanSupreme Court of Arkansas · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Mississippi River Fuel Corp. v. SennSupreme Court of Arkansas · 1931
- State v. BilboaIdaho Supreme Court · 1920
- Missouri & North Arkansas Railroad v. DanielsSupreme Court of Arkansas · 1911
- Harshaw v. StateSupreme Court of Arkansas · 1910
7 more not listed; retrieve them via the Exa API.