Guest v. State
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court. Hon. Theodoric F. Sorrells Circuit Judge. The indictment in this case is not sufficient as as indictment for maiming. 3 Chit. Cr. Law 787; 1 East. P. C. 402; -7 Mass. R. 247; Arch. Cr. PI. 450. Words of art which the law has adopted must be used in charging crime. 2 Hawk. P. C. 249,107; 2 Br. Crown cases, 29, 85, 95, 389, 412; McBride vs. State, 2 Eng. 374. The indictment is not good as an indictment for an assault and battery.
Read the full summary
Appeal from Hot Spring Circuit Court. Hon. Theodoric F. Sorrells Circuit Judge. The indictment in this case is not sufficient as as indictment for maiming. 3 Chit. Cr. Law 787; 1 East. P. C. 402; -7 Mass. R. 247; Arch. Cr. PI. 450. Words of art which the law has adopted must be used in charging crime. 2 Hawk. P. C. 249,107; 2 Br. Crown cases, 29, 85, 95, 389, 412; McBride vs. State, 2 Eng. 374. The indictment is not good as an indictment for an assault and battery. The State vs. Derton, 14 Ark. 343; Dig. chap. 52, sec. 87. The verdict was not responsive to the indictment, because it found the…
1Opinion of the Court
Hon. F. W. Compton, Special Judge,
delivered the opinion of the Court.
The appellant was indicted in the Hot Spring Circuit Court under the provisions of the 51 st chap. Eng. Dig., p. 329, title Maiming. The indictment charges, with requisite certainty of time and place, that John Guest, in and upon one Sequal Dortch, did feloniously, wilfully, and of his malice aforethought, make an assault; and the said John Guest, wilfully and of his malice aforethought, did then and there, with his fingers, fists, etc., pull, tear, knock and gouge out the right eye of him, the said Sequal Dortch, etc.,…
2Cases cited2 opinions
- State v. AlbertsonIndiana Supreme Court · 1829
- Holt v. MooreSupreme Court of Alabama · 1842
3Cited by11 opinions
- Caton v. StateSupreme Court of Arkansas · 1972
- McCoy v. StateSupreme Court of Arkansas · 2002
- Glover v. StateSupreme Court of Arkansas · 1981
- Carpenter v. PeopleSupreme Court of Colorado · 1903
- State v. BunyardSupreme Court of Missouri · 1913
6 more not listed; retrieve them via the Exa API.