Davis v. State
Supreme Court of Arkansas
Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This is an appeal from a judgment of conviction for assault with intent to kill. The facts are substantially as follows: The .appellant had been fined in the justice court; she had failed to pay the fine and the deputy sheriff had a commitment for her. Her husband, Will Davis, had agreed to pay the fine, but failed to do so.
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Appeal from Howard Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This is an appeal from a judgment of conviction for assault with intent to kill. The facts are substantially as follows: The .appellant had been fined in the justice court; she had failed to pay the fine and the deputy sheriff had a commitment for her. Her husband, Will Davis, had agreed to pay the fine, but failed to do so. When the deputy told appellant that her husband had refused to pay the fine appellant, who was then working at a hotel, left the deputy and went to her husband’s house, the deputy…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) The court correctly declared the law in the third prayer for instruction at the instance of the State, telling the jury that the proof should show a specific intent to take life, and that in determining whether or not such intent existed, the jury should “take into consideration the manner of the assault, the nature of the weapon used, the manner in which it was used, her statements, if any, and all other facts and circumstances tending to show the state of her mind.” But, in connection with this instruction, the court should have also granted…
2Cases cited4 opinions
- Lacefield v. StateSupreme Court of Arkansas · 1879
- Chrisman v. StateSupreme Court of Arkansas · 1891
- Scott v. StateSupreme Court of Arkansas · 1886
- Beavers v. StateSupreme Court of Arkansas · 1891
3Cited by19 opinions
- Scott v. StateSupreme Court of Arkansas · 1972
- Davis v. StateSupreme Court of Arkansas · 1944
- Leshe v. StateSupreme Court of Arkansas · 1991
- Conway v. StateSupreme Court of Arkansas · 2016
- Francis v. StateSupreme Court of Arkansas · 1934
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