Ferguson v. State
Supreme Court of Arkansas
Appeal from Howard •Circuit Court; Jcuines S. Steel, Judge; 1. Words do not justify an assault; and where offensive words are resented with an assault, and in repelling such assault the person using the offensive words kills the other, it is not murder. 75 Ark. 249. There must be 'deliberation and premeditation to constitute murder. 11 Ark. 455; 36 Id. 127; 29 Id. 58S- 2. The remarks and argument of the State’s attorney were highly prejudicial, and should have -been excluded…
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Appeal from Howard •Circuit Court; Jcuines S. Steel, Judge; 1. Words do not justify an assault; and where offensive words are resented with an assault, and in repelling such assault the person using the offensive words kills the other, it is not murder. 75 Ark. 249. There must be 'deliberation and premeditation to constitute murder. 11 Ark. 455; 36 Id. 127; 29 Id. 58S- 2. The remarks and argument of the State’s attorney were highly prejudicial, and should have -been excluded from the jury. 76 Ark. no. ’ 3. The testimony wholly fails to make a case of murder in the first degree. 1. The verdict…
1Opinion of the CourtFrauenthal, J.
The defendant, Butler Ferguson, was indicted by the grand jury of Howard County, charged with the crime of murder in the first degree, by killing Pat Henderson, on the 30th day of May, 1909. Upon his trial, he was convicted by a petit jury of that county of the crime of murder in the first degree; and from the judgment rendered upon that verdict he prosecutes this appeal.
The evidence, on .the part of the State, establishes the following facts: The deceased, Pat Henderson, was a young man about 24 years old. On the afternoon of Sunday, May 30, in company with two young men of about the same…
2Cases cited15 opinions
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3Cited by12 opinions
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