Duckworth v. State
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; Z. T. Wood, Judge; 1. Appellant having moved for a change of venue and having strictly complied with the statute, he became entitled' to the change as a matter of right; and, since the supporting witnesses are unimpeached, and showed a knowledge of the condition of the minds of the inhabitants of the county, it was arbitrary to deny the application. 68 Ark. 466; 25 Ark. 445. 2. The court erred in its charge as to murder ,in the first degree.…
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Appeal from Ashley Circuit Court; Z. T. Wood, Judge; 1. Appellant having moved for a change of venue and having strictly complied with the statute, he became entitled' to the change as a matter of right; and, since the supporting witnesses are unimpeached, and showed a knowledge of the condition of the minds of the inhabitants of the county, it was arbitrary to deny the application. 68 Ark. 466; 25 Ark. 445. 2. The court erred in its charge as to murder ,in the first degree. 11 Ark. 445; 51 Ark. 189. Though the courts have said ’ that “it is not necessary that the intention to kill should…
1Opinion of the CourtBattle, J.
On the 21st, day of August, 1906, the grand jury of Ashley County indicted Lum Duckworth for murder in the first degree, committed on the 6th day of January, 1906, by killing Thomas Howie. He moved for a change of venue, alleging that the minds of the inhabitants of Ashley County were so prejudiced against him that he could not obtain a fair and impartial trial. His application was supported by his affidavit and by the affidavits of Milton Owen and Decatur Williams. On the motion of the prosecuting attorney these persons were sworn and examined touching their knowledge as to the minds of the…
2Cases cited2 opinions
- Jackson v. StateSupreme Court of Arkansas · 1891
- Price v. StateSupreme Court of Arkansas · 1903
3Cited by8 opinions
- Rush v. StateSupreme Court of Arkansas · 1964
- Williams v. StateSupreme Court of Arkansas · 1912
- Mullen v. StateSupreme Court of Arkansas · 1937
- Bryant v. StateSupreme Court of Arkansas · 1910
- White v. StateSupreme Court of Arkansas · 1907
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