Legal Opinion

Gilchrist v. State

Supreme Court of Arkansas

Decided October 9, 1911PublishedCited by 15 opinions

Appeal from Pulaski Circuit Court; Robert J. Lea, Judge; STATEMENT BY THE COURT. Earl Gilchrist was indicted for murder in the first degree, charged to have been committed by killing Will Longley in Pulaski County, Arkansas. He was tried by a jury, and convicted as charged. By this appeal" he seeks to reverse the judgment rendered.

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Appeal from Pulaski Circuit Court; Robert J. Lea, Judge; STATEMENT BY THE COURT. Earl Gilchrist was indicted for murder in the first degree, charged to have been committed by killing Will Longley in Pulaski County, Arkansas. He was tried by a jury, and convicted as charged. By this appeal" he seeks to reverse the judgment rendered. The evidence adduced at the trial on the part of the State tended to show substantially the following facts: On the 4th day of June, 1911, the defendant and some other negro boys began throwing rocks at each other near a schoolhous.e in the southwestern part of the…

1Opinion of the Court

Hart, J.,

(after stating the facts). 1. Counsel for the defense assigns as error the action of the court in refusing to give the following instruction: “ 5. If the defendant thought the gun was not loaded, he cannot be convicted of any crime greater than involuntary manslaughter, and not of involuntary manslaughter unless he acted in such a negligent manner that the law imputes criminality to his acts. ”

The court did not err in refusing this instruction. The defendant admits that he pointed the gun at the deceased and pulled the trigger. It was an unlawful act, punishable by a fine. Acts of…

2Cases cited8 opinions

  1. Carpenter v. StateSupreme Court of Arkansas · 1896
  2. Ringer v. StateSupreme Court of Arkansas · 1905
  3. Hogue v. StateSupreme Court of Arkansas · 1910
  4. Ince v. StateSupreme Court of Arkansas · 1905
  5. Green v. StateSupreme Court of Arkansas · 1888

3 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Stanley v. StateSupreme Court of Arkansas · 1970
  2. Kelley v. StateSupreme Court of Arkansas · 1918
  3. Holden v. StateSupreme Court of Arkansas · 1923
  4. Hamer v. StateSupreme Court of Arkansas · 1912
  5. Spears v. MillsSupreme Court of Arkansas · 2002

10 more not listed; retrieve them via the Exa API.

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