Davis v. State
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. Hon. J. B. Wood, Circuit Judge. The indictment is in the short Code form, charging the single offense of murder, and it is submitted: 1. On an indictment for murder or homicide a defendant cannot be convicted of an assault with intent to kill. Mansf.
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APPEAL from Garland Circuit Court. Hon. J. B. Wood, Circuit Judge. The indictment is in the short Code form, charging the single offense of murder, and it is submitted: 1. On an indictment for murder or homicide a defendant cannot be convicted of an assault with intent to kill. Mansf. Dig., Secs. 2105, 2108. The subsequent section sets out the offenses which may be joined, and in none of the subdivisions does it permit homicide and assault with intent to kill to be joined in the same indictment. The two offenses are entirely distinct, separate and opposed to each other, and by ho possible…
1Opinion of the CourtSmith, J.
Davis was convicted of an assault with intent to kill, upon an indictment which charges him with the murder of one Adams, committed by' shooting him with a gun, loaded with gunpowder and a leaden bullet. The bill of exceptions does not set out the testimony, but expressly admits that it was ■sufficient to prove the offense of which the jury found the defendant guilty. One of the directions to the jury was as follows:
“If you believe from the evidence that the defendant, in September, 1883, went to the office of the deceased, in Garland county, Arkansas, and there assaulted him with a deadly…
2Cases cited6 opinions
- Stephen v. StateSupreme Court of Georgia · 1852
- Commonwealth v. DeanMassachusetts Supreme Judicial Court · 1872
- Prindeville v. PeopleIllinois Supreme Court · 1866
- Wright v. StateIndiana Supreme Court · 1854
- State v. ScottSupreme Court of Vermont · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- Watson v. StateSupreme Court of Georgia · 1902
- Rogers v. StateSupreme Court of Arkansas · 1894
- Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
- Bradshaw v. StateSupreme Court of Arkansas · 1947
9 more not listed; retrieve them via the Exa API.