Kinman v. State
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. Juptha H. Evans, Judge. Appeal from a conviction of manslaughter. The facts are stated in the opinion.
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Appeal from Crawford Circuit Court. Juptha H. Evans, Judge. Appeal from a conviction of manslaughter. The facts are stated in the opinion. The instructions mentioned in the opinion as having been given by the trial court were as follows: “5. At common law, and under the statutes of this State, no one, in resisting an assault made upon him in the course of a sudden brawl or quarrel, or upon a sudden rencounter, or in a combat on a sudden quarrel, or from anger suddenly aroused at the time it is made, or in a mutual combat, is justified or excused in taking the life of the assailant, unless he…
1Opinion of the CourtHiee, C. J.
In April, this year, in Crawford County, Kin-man shot and killed Maurice Combs. The grand jury indicted him for murder in the first degree. He was tried upon that indictment, convicted of manslaughter, sentenced to two years in the penitentiary, and obtained appeal to this court. The only questions raised are as to the giving of instructions numbered 5, 7 and 8, which will be set out by the Reporter. •
It is claimed that instruction 5, as to resisting an assault made in the course of a brawl or quarrel, etc., is without evidence justifying it being given. On the day prior to the homicide…
2Cited by2 opinions
- Cooper v. StateSupreme Court of Arkansas · 1908
- Allison v. StateSupreme Court of Arkansas · 1905