Legal Opinion

Blackburn v. State

Supreme Court of Arkansas

Decided September 23, 1918PublishedCited by 2 opinions

Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; 1. Evidence of threats was admissible. 16 Ark. 568; 29 Id. 261; 69 Id. 148; 55 Id. 593; 72 Id. 436; 76 Id. 493; 79 Id. 594. 2. It was error to refuse appellant the right to prove the reputation of deceased for being dangerous and quarrelsome. 29 Ark. 348-262; 13 R. C. L. 916; 108 Ark. 104. 3. It was error to refuse instruction No. 10. 108 Ark. 104; 13 R. C. L. 821. 1. There was no imminent danger impending and…

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Appeal from Jefferson Circuit Court; W. B. Sorrels, Judge; 1. Evidence of threats was admissible. 16 Ark. 568; 29 Id. 261; 69 Id. 148; 55 Id. 593; 72 Id. 436; 76 Id. 493; 79 Id. 594. 2. It was error to refuse appellant the right to prove the reputation of deceased for being dangerous and quarrelsome. 29 Ark. 348-262; 13 R. C. L. 916; 108 Ark. 104. 3. It was error to refuse instruction No. 10. 108 Ark. 104; 13 R. C. L. 821. 1. There was no imminent danger impending and evidence of threats and of the violent and dangerous character of deceased was properly excluded. There was no hostile…

1Opinion of the CourtMcCULLOCH, C. J.

Appellant was convicted of the crime of second degree murder in the killing of one Clayton Hunter. He killed Hunter by stabbing him with a knife, and the tragedy occurred at or near appellant’s own premises and in the presence of several witnesses.

The testimony adduced by the State tended to show that appellant and Hunter got into a quarrel out in the public road in front of appellant’s yard; that appellant walked into his yard and deceased followed to the gate and seized the latch on the gate and threw it at appellant and then started to run off down the road, when appellant pursued him for…

2Cases cited1 opinion

  1. Carter v. StateSupreme Court of Arkansas · 1913

3Cited by2 opinions

  1. Parsley v. StateSupreme Court of Arkansas · 1921
  2. Rogers v. StateSupreme Court of Arkansas · 1922

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