Polk v. State
Supreme Court of Arkansas
APPEAL from Howard Circuit Court. Hon. IT. B. Stuart, Circuit Judge. Corpus delicti. Proof must not only show death, but that it was criminally produced. 1Wharton on Homicide, 641. And without this proof, a confession will not sustain a conviction.
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APPEAL from Howard Circuit Court. Hon. IT. B. Stuart, Circuit Judge. Corpus delicti. Proof must not only show death, but that it was criminally produced. 1Wharton on Homicide, 641. And without this proof, a confession will not sustain a conviction. Ib.; 43 Miss., 472; Wharton Hill’s note to pp. 1115, 1119, 1121; Gantt’s Digest, 1933; 26 Miss., 157; 32 ib., 433. Failure of state to show contents of stomach by expert evidence, a culpable omission, lb., 1128. Symptoms of deceased not necessarily result of poison. On this point, in connection with thé evidence, cited ib., note to p. 625; p. 330.…
1Opinion of the Court
STATEMENT.
Eakin, J.
Appellant was convicted of murder in the first degree and sentenced to death, upon an indictment for poisoning his wife.
The evidence is, substantially, as follows:
Some time in the fall of 1878, appellant’s wife died with symptoms which are described by the witnesses, many of whom were in attendance. She had been unwell the day before, but was doing better in the morning. Her husband and child were with her; and he had, himself, sent for a doctor, who left medicines to be taken. One dose had been administered, and she was left by her neighbors at noon, sitting up, and…
2Cited by16 opinions
- Froman v. StateSupreme Court of Arkansas · 1960
- Tyler v. StateSupreme Court of Arkansas · 1979
- State v. JonesSupreme Court of Iowa · 1901
- Davis v. StateSupreme Court of Arkansas · 1910
- Kelley v. RichardsonMichigan Supreme Court · 1888
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