Magness v. State
Supreme Court of Arkansas
Appeal from Independence Circuit Court. The first instruction of the court was misleading, in that it told the jury that a specific intent "might be conceived in a moment.” 25 Ark. 407; 36 Ark. 132; 51 Ark. 189. The court erred in so modifying the fourth and sixth instructions, asked by defendant, as to make them tell the jury that, to justify defendant in acting in self defense, the acts and conduct of deceased had to be such as appeared to the jury to be sufficient “to…
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Appeal from Independence Circuit Court. The first instruction of the court was misleading, in that it told the jury that a specific intent "might be conceived in a moment.” 25 Ark. 407; 36 Ark. 132; 51 Ark. 189. The court erred in so modifying the fourth and sixth instructions, asked by defendant, as to make them tell the jury that, to justify defendant in acting in self defense, the acts and conduct of deceased had to be such as appeared to the jury to be sufficient “to induce a reasonable person to believe that they had a murderous intent.” The danger is to be viewed’from the standpoint of…
1Opinion of the CourtBattle, J.
George Magness was indicted by a grand jury of the Independence circuit court for murder in the first degree, committed by killing one Joe Owen. He was convicted of murder in the second degree, and his punishment was assessed at twenty-one years’ imprisonment in the state penitentiary.
To sustain the indictment, the state introduced only one witness who was present when Magness struck the fatal blow. He was Dempsey Freeze, who testified as follows: “I come into Newark on the 11th day of December, 1897, and met up with Joe Owen there. He was drinking or drunk, and I commenced at him to go home.…
2Cases cited14 opinions
- Deery v. CraySupreme Court of the United States · 1867
- Campbell v. PeopleIllinois Supreme Court · 1854
- Gilmer v. HigleySupreme Court of the United States · 1884
- Moores v. National BankSupreme Court of the United States · 1882
- Palmore v. StateSupreme Court of Arkansas · 1874
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Outley v. City of New YorkCourt of Appeals for the Second Circuit · 1988
- Pendergrass v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1950
- United States v. Edwin Affron KartmanCourt of Appeals for the Ninth Circuit · 1969
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
22 more not listed; retrieve them via the Exa API.