Baine v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; J. W. Wade, Judge; 1. Tbe verdict is against tbe preponderance of tbe evidence. Roseby’s evidence was not corroborated. Tbe affray was caused by Roseby’s improper conduct and bis story is improbable, to say tbe least.
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Appeal from Pulaski Circuit Court, First Division; J. W. Wade, Judge; 1. Tbe verdict is against tbe preponderance of tbe evidence. Roseby’s evidence was not corroborated. Tbe affray was caused by Roseby’s improper conduct and bis story is improbable, to say tbe least. No malice or premeditation was shown and tbe evidence was never sufficient to show anything more than involuntary manslaughter, if that. 2. Defendant was entitled to the benefit of the law of self-defense and reasonable doubt. The burden was on the State and never shifted to defendant. 71 Ark. 459. 3. The court erred in its…
1Opinion of the CourtSmith, J.
Appellant was indicted for the crime of murder in the first degree, alleged to have been committed by shooting Annie Baine, who was his wife. At his trial he admitted firing the fatal shot, but testified that he did so in his necessary self-defense. He and his wife had had frequent disagreements, -and she had twice left him and returned to the home of her father. A reconciliation had been effected and they were living together at the time of the killing but there was testimony that they were not living together harmoniously. According to appellant, he had been i'll, and was ill at the time,…
2Cited by5 opinions
- Powell v. StateSupreme Court of Arkansas · 1921
- Bartley and Jones v. StateSupreme Court of Arkansas · 1947
- Brown v. StateSupreme Court of Arkansas · 1945
- Napier v. StateSupreme Court of Arkansas · 1952
- Price v. City of TrumannSupreme Court of Arkansas · 1948