Chowning v. State
Supreme Court of Arkansas
Appeal from Cross Circuit Court; Prank Smith, Judge; statement by the court. The appellant was convicted of the crime of an assault with intent to kill one Joe Tewellen. The evidence for the State tended to support the verdict. The evidence for appellant tended to show that at the time of the assault appellant was under the influence of intoxicating liquor to such an extent as to be incapable of forming the specific intent to take' the life of Tewellen.
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Appeal from Cross Circuit Court; Prank Smith, Judge; statement by the court. The appellant was convicted of the crime of an assault with intent to kill one Joe Tewellen. The evidence for the State tended to support the verdict. The evidence for appellant tended to show that at the time of the assault appellant was under the influence of intoxicating liquor to such an extent as to be incapable of forming the specific intent to take' the life of Tewellen. Appellant testified that “he remembered getting dmnk, but lost consciousness, and knew nothing about his fight with Lewellen.” The court…
1Opinion of the Court
Wood, J.,
(after stating the facts). The instructions were misleading. To constitute the crime of an assault “with intent to murder or kill” under the statute (Kifby’s Dig., § 1588) a specific intent to take the life of the person assaulted must be shown. See Lacefield v. State, 34 Ark. 275; Scott v. State, 49 Ark. 156; Chrisman v. State, 54 Ark. 283. It takes both the “evil intent and the simultaneous resulting act” to complete a crime of this nature. 1 Bish., Crim. Daw § § 729-30-31-35.
AVhere the offense can be committed only by doing “a particular thing with a specific intent, it may be…
2Cases cited5 opinions
- Lacefield v. StateSupreme Court of Arkansas · 1879
- Byrd v. StateSupreme Court of Arkansas · 1905
- Chrisman v. StateSupreme Court of Arkansas · 1891
- Wood v. StateSupreme Court of Arkansas · 1879
- Scott v. StateSupreme Court of Arkansas · 1886
3Cited by11 opinions
- Jones v. StateSupreme Court of Arkansas · 1923
- Stevens v. StateSupreme Court of Arkansas · 1969
- Francis v. StateSupreme Court of Arkansas · 1934
- Craig v. StateSupreme Court of Arkansas · 1943
- Allen v. StateSupreme Court of Arkansas · 1915
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