Appleton v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. Fisher Appleton was indicted and tried for the murder of one Louis Richardson. Richardson was a deputy constable, and had in his possession a warrant for the arrest of Appleton on a charge of grand larceny. At the time he was shot, Richardson was attempting to execute this warrant. The defendant claimed that the killing' was done in self defense.
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Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. STATEMENT BY THE COURT. Fisher Appleton was indicted and tried for the murder of one Louis Richardson. Richardson was a deputy constable, and had in his possession a warrant for the arrest of Appleton on a charge of grand larceny. At the time he was shot, Richardson was attempting to execute this warrant. The defendant claimed that the killing' was done in self defense. He testified that Richardson, without provocation, shot at him, and that, to protect himself, he fired upon and killed Richardson. The jury returned a verdict of guilty…
1Opinion of the Court
Riddick, J.,
as to justmcation of homicide.
(after stating the facts.) We do not ..... discover any error, either m giving or refusing instructions, that would justify us in reversing the judgment of the circuit court. Although Richardson attempted to make the arrest without first informing the appellant of the warrant and the intention to arrest him, yet this did not justify the defendant in shooting the officer. The testimony of the appellant himself shows that he knew that Richardson had a warrant for him, and that his purpose was to arrest him. He should therefore have submitted to the…
2Cases cited2 opinions
- People v. MurphyCalifornia Supreme Court · 1872
- Liles v. StateSupreme Court of Alabama · 1857
3Cited by6 opinions
- State v. WilsonIdaho Supreme Court · 1925
- Jett v. StateSupreme Court of Arkansas · 1922
- Prewitt v. StateSupreme Court of Arkansas · 1921
- Howard v. StateSupreme Court of Arkansas · 1907
- Ford v. StateSupreme Court of Arkansas · 1910
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