Davis v. State
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh Basham, Judge; Indictments for statutory offenses must include all the elements of the offense. 6 Ark. 519; 12 Ark. 609; 29 Ark. 147; 62 Ark. 512; 47 Ark. 488; Id. 572. An expert can not base his opinion on the history of the case. 27 Kan. 463; 78 Wis. 84; 40 D. R. A. 836. Besides, a hypothetical question that assumes as true the fact in issue is erroneous. 17 O. St. 522; 31 Pac. 808; 35 Fed. 730. The question as to whether the witness…
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Appeal from Conway Circuit Court; Hugh Basham, Judge; Indictments for statutory offenses must include all the elements of the offense. 6 Ark. 519; 12 Ark. 609; 29 Ark. 147; 62 Ark. 512; 47 Ark. 488; Id. 572. An expert can not base his opinion on the history of the case. 27 Kan. 463; 78 Wis. 84; 40 D. R. A. 836. Besides, a hypothetical question that assumes as true the fact in issue is erroneous. 17 O. St. 522; 31 Pac. 808; 35 Fed. 730. The question as to whether the witness was an accomplice should have been submitted to the jury. 36 Ark. 117; 90 Ark. 461; 12 Cyc. 192. The mere failure to…
1Opinion of the CourtFrauenthae, J.
The defendant, Lawrence Davis, was indicted by the grand jury of Conway County, charged with the crime of committing an abortion. The charging part of the indictment was as follows: “The said Lawrence Davis, in the county and State aforesaid, on the ist day of June, 1908, did unlawfully, wilfully and feloniously administer and prescribe to one May Cooper, a woman pregnant and with child and before the period of quickening, a large quantity of medicine and drugs, with the unlawful, wilful and felonious intent then and there and thereby to produce an abortion and premature delivery of said…
2Cases cited10 opinions
- Heald v. ThingSupreme Judicial Court of Maine · 1858
- A. T. & S. F. Rld. v. FrazierSupreme Court of Kansas · 1882
- Blackshare v. StateSupreme Court of Arkansas · 1910
- Polk v. StateSupreme Court of Arkansas · 1880
- Carroll v. StateSupreme Court of Arkansas · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Davidson v. StateSupreme Court of Arkansas · 1913
- Moore v. StateSupreme Court of Arkansas · 1968
- State v. BosworthSupreme Court of Iowa · 1915
- Sims v. StateSupreme Court of Arkansas · 1975
- People v. VathAppellate Court of Illinois · 1976
19 more not listed; retrieve them via the Exa API.