Harding v. State
Supreme Court of Arkansas
Appeal from Cross Circuit Court; Prank Smith, Judge; 1. The indictment is fatally defective. The word wilful is omitted, and no word substituted sufficient to charge murder in the first degree. 60 Ark. 564; 28 So. Rep. 1002; 43 La. Ann. 183; 8 So. 440; 45 La. Ann. 1182; 41 Id. 598; 7 So. Rep. 125; 2 S. E. 455; 11 Am.
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Appeal from Cross Circuit Court; Prank Smith, Judge; 1. The indictment is fatally defective. The word wilful is omitted, and no word substituted sufficient to charge murder in the first degree. 60 Ark. 564; 28 So. Rep. 1002; 43 La. Ann. 183; 8 So. 440; 45 La. Ann. 1182; 41 Id. 598; 7 So. Rep. 125; 2 S. E. 455; 11 Am. Rep. 206; 50 Tenn. 6; 76 Ark. 84; 71 Id. 403. 2. Incompetent testimony was admitted to the prejudice of defendant. 73 Ark. 152; 82 Id. 58. 3. No exceptions need be saved under the act of 1909. Acts 1909, p. 259. 1. The indictment is good under our statutes. 60 Ark. 564; 25 Id.…
1Opinion of the CourtBattue, J.
Henry Harding was indicted by a grand jury of Cross County for murder in the first degree; the indictment, omitting caption, being as follows:
“The grand jury of Cross County, in the name and by the authority of the State of Arkansas, accuse Henry Harding of the crime of murder, first degree, .committed as follows, towit:
“The said Henry Harding, in the county and State aforesaid, on the 10th day of October, A. D. 1909, did unlawfully, feloniously, of his malice aforethought, with deliberation and premeditation, make an assault upon J. T. Patterson with a pistol, the same then and there being…
2Cases cited4 opinions
- State v. PeytonSupreme Court of Arkansas · 1910
- Carroll v. StateSupreme Court of Arkansas · 1903
- Aubrey v. StateSupreme Court of Arkansas · 1896
- Daniels v. StateSupreme Court of Arkansas · 1905
3Cited by45 opinions
- Wicks v. StateSupreme Court of Arkansas · 1980
- Bell v. StateSupreme Court of Arkansas · 1915
- Lard v. StateSupreme Court of Arkansas · 2014
- Chunestudy v. StateSupreme Court of Arkansas · 2012
- McDonald v. StateSupreme Court of Georgia · 1966
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