Sheppard v. State
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; G. W. Smith, Judge; STATEMENT BY THE COURT. Appellant was convicted of the crime of murder in the first degree for killing George Brian, upon an indictment regularly charging the offense, and which did not charge it was committed in the perpetration or attempt to perpetrate robbery, and from the judgment imposing the death sentence brings this appeal.
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Appeal from Ouachita Circuit Court; G. W. Smith, Judge; STATEMENT BY THE COURT. Appellant was convicted of the crime of murder in the first degree for killing George Brian, upon an indictment regularly charging the offense, and which did not charge it was committed in the perpetration or attempt to perpetrate robbery, and from the judgment imposing the death sentence brings this appeal. It appears from the testimony that George Brian, a little, frail, old man, who lived alone in a small hut in a pine thicket in an old field near Camden was murdered •and his safe rifled of its contents on the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) It is contended that the court erred in giving said instruction numbered 2, and this contention must be sustained. The indictment did not charge the offense to have been committed in the perpetration or attempt to perpetrate the crime of robbery, and the jury should not have been told to find the appellant guilty of murder in the first degree, if they found deceased was killed in the perpetration of the robbery. There are two classes of murder in the first degree, separate and distinct, in one of which it is necessary only to allege that the killing…
2Cases cited4 opinions
- Powell v. StateSupreme Court of Arkansas · 1905
- Cannon v. StateSupreme Court of Arkansas · 1895
- Hall v. StateSupreme Court of Arkansas · 1897
- Jacks Bayou Drainage District v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1914
3Cited by16 opinions
- White v. StateSupreme Court of Arkansas · 1986
- Beed v. StateSupreme Court of Arkansas · 1980
- Suhay v. United StatesCourt of Appeals for the Tenth Circuit · 1938
- Cole v. StateSupreme Court of Arkansas · 1922
- Smith v. StateSupreme Court of Arkansas · 1953
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