Brooks v. State
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; /. M. Carter, Judge; 1. In the light of the testimony showing that appellant was a quiet, peaceable, and law-abiding citizen; that the deceased was a quarrelsome, turbulent and dangerous man; that the latter had threatened appellant; and that at the time of the shooting the appellant was in every way seeking to avoid the difficulty and only shot the deceased when the latter laid hold on him with the evident purpose of killing him or doing…
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Appeal from Hempstead Circuit Court; /. M. Carter, Judge; 1. In the light of the testimony showing that appellant was a quiet, peaceable, and law-abiding citizen; that the deceased was a quarrelsome, turbulent and dangerous man; that the latter had threatened appellant; and that at the time of the shooting the appellant was in every way seeking to avoid the difficulty and only shot the deceased when the latter laid hold on him with the evident purpose of killing him or doing him great bodily harm, the verdict is contrary to, and not sustained by, the evidence. 2. The 9th instruction is…
1Opinion of the CourtMcCurroch, J.
Appellant was convicted of voluntary manslaughter, his sentence was fixed by the jury at two years in the penitentiary, and he appeals. The indictment under which he was tried charges him with murder in the first degree in killing one Charles Fillman on the 24th of December, X904, by shooting him with a pistol. The killing is admitted, but appellant claims that Fillman was making a deadly assault on him at the time, or that he had reason to so believe, and that he shot Fillman in necessary self defense. The sufficiency of the evidence to support the verdict is challenged, and learned counsel…
2Cases cited5 opinions
- Palmore v. StateSupreme Court of Arkansas · 1874
- Maxey v. StateSupreme Court of Arkansas · 1899
- Bell v. StateSupreme Court of Arkansas · 1901
- Ryburn v. PryorSupreme Court of Arkansas · 1854
- Brack v. StateSupreme Court of Arkansas · 1907
3Cited by7 opinions
- Harshaw v. StateSupreme Court of Arkansas · 2001
- Bruder v. StateSupreme Court of Arkansas · 1913
- Burton v. StateSupreme Court of Arkansas · 1973
- Tullis v. StateSupreme Court of Arkansas · 1924
- McCain v. StateSupreme Court of Arkansas · 1918
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