Davis v. State
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. STATEMENT BY THE COURT. The appellant was indicted for assault with intent to kill Henry Jones, pleaded not guilty, was tried, convicted, and sentenced to confinement in the penitentiary for one year. He filed a motion for new trial, which was overruled, and he excepted and appealed to the supreme court.
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Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. STATEMENT BY THE COURT. The appellant was indicted for assault with intent to kill Henry Jones, pleaded not guilty, was tried, convicted, and sentenced to confinement in the penitentiary for one year. He filed a motion for new trial, which was overruled, and he excepted and appealed to the supreme court. The evidence is that appellant shot Henry Jones with a gun as said Jones was approaching near where the appellant was at work, and that there had previously been some hard feeling between them, and that each had made threats…
1Opinion of the CourtHughes, J.
(after stating the facts). We are of the opinion that the court should have given instruction No. 5 asked by the appellant and refused by the court. We think it was correct, and should have been given in this case, as it seems from the evidence that, had death ensued from the assault, the appellant might not have been guilty of murder, and that he might have been found guilty of an aggravated assault only, or some degree of crime less than murder. We understand that, before a party can be guilty of assault with intent to kill, the evidence must show that, had death resulted from the assault,…
2Cases cited3 opinions
- Polk v. StateSupreme Court of Arkansas · 1885
- Smith v. StateSupreme Court of Arkansas · 1888
- Stephens v. Oppenheimer & SonsSupreme Court of Arkansas · 1885
3Cited by10 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Clardy v. StateSupreme Court of Arkansas · 1910
- Glover v. StateSupreme Court of Arkansas · 1981
- Satterwhite v. StateSupreme Court of Arkansas · 1907
- Roberson v. StateSupreme Court of Arkansas · 1910
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