Ray v. State
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; The indictment is fatally defective in that it does not allege the manner of the killing — -whether the gun was used as a club or a firearm — and the demurrer should have been sustained. 27 Ark. 493; 34 Ark. 263; 54 Ark. 549; Id. 587; 51 Ark. 138; 26 Ark. 323; 29 Ark. 168. The demurrer was properly overruled.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; The indictment is fatally defective in that it does not allege the manner of the killing — -whether the gun was used as a club or a firearm — and the demurrer should have been sustained. 27 Ark. 493; 34 Ark. 263; 54 Ark. 549; Id. 587; 51 Ark. 138; 26 Ark. 323; 29 Ark. 168. The demurrer was properly overruled. The indictment is good under the code, and it was not necessary to allege the manner in which Hunter, the principal, used the gun. 118 Mass. 1; 162 Mass. 90; 1 Russell on Crimes, (3 ed.) 558; Stark’s Crim. Proe., (2 ed.) 92;…
1Opinion of the CourtFrauenthal, J.
The defendant, John Ray, was tried and convicted under an indictment charging him with the crime of accessory before the fact to murder in the first degree. The indictment is as follows:
“The grand jury of Miller County, in the name and by the authority of the State of Arkansas, accuse John Ray of the crime of accessory before the fact to murder in the first degree committed as follows, towit: that Will Hunter, in the county and State aforesaid on the 18th day of May, 1911, unlawfully, wilfully, feloniously with malice aforethought, with deliberation and premeditation, did kill and murder one…
2Cases cited10 opinions
- Thompson v. StateSupreme Court of Arkansas · 1870
- Haney v. StateSupreme Court of Arkansas · 1879
- Ulmer v. StateIndiana Supreme Court · 1859
- State v. KingSupreme Court of Minnesota · 1903
- Smith v. StateSupreme Court of Arkansas · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Roleson v. StateSupreme Court of Arkansas · 1982
- Webb v. StateSupreme Court of Arkansas · 1922
- In Re: Livvie W. VannSupreme Court of Florida · 1939
- Bramlett v. StateSupreme Court of Arkansas · 1931
- Feaster v. StateSupreme Court of Arkansas · 1927
1 more not listed; retrieve them via the Exa API.