Prewitt v. State
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court; W. B. Sorrels, Judge; 1. The verdict is not supported by the evidence. This court is committed against the scintilla rule, and the rule calling for a.refusal of a new trial where there was any evidence whatever, however weak, to support the verdict. 34 Ark. 632; 85 Id. 360-362; 97 Id. 156, 159; 56 Id. 8, 17; 49 Id. 364. 2. Any declaration of law which will permit a conviction of murder in'the second degree without proof of malice is…
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Appeal from Lincoln Circuit Court; W. B. Sorrels, Judge; 1. The verdict is not supported by the evidence. This court is committed against the scintilla rule, and the rule calling for a.refusal of a new trial where there was any evidence whatever, however weak, to support the verdict. 34 Ark. 632; 85 Id. 360-362; 97 Id. 156, 159; 56 Id. 8, 17; 49 Id. 364. 2. Any declaration of law which will permit a conviction of murder in'the second degree without proof of malice is reversible error. 141 Ark. 57; 82 Id. 545. No killing can be murder unless done with malice. 35 Ark. 585; 141 Id. 63. It must…
1Opinion of the CourtSmith, J.
Appellant was tried under an indictment charging him with the crime of murder in the first degree, alleged to have been committed by shooting one Morris Hastings. He was convicted of murder in the second degree, and given a sentence of ten years in the penitentiary, and has appealed.
The facts in regard to the killing are substantially as follows: The appellant, who will hereinafter be referred to as the defendant, and Hastings, who will be referred to as the deceased, had always been on friendly terms and had frequently hunted together. Defendant was thirty-eight years old, and at the time of…
2Cases cited17 opinions
- Carr v. StateSupreme Court of Arkansas · 1884
- Lackey v. StateSupreme Court of Arkansas · 1900
- Fort v. StateSupreme Court of Arkansas · 1889
- Miller v. StateSupreme Court of Arkansas · 1910
- Carroll v. StateSupreme Court of Arkansas · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brockwell v. StateSupreme Court of Arkansas · 1976
- Wallin v. StateSupreme Court of Arkansas · 1946
- Turner v. StateSupreme Court of Arkansas · 1922
- Pope v. StateSupreme Court of Arkansas · 1926
- Stoddard v. StateSupreme Court of Arkansas · 1925
8 more not listed; retrieve them via the Exa API.