Tharp v. State
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. Appellant, was convicted of involuntary manslaughter upon an indictment charging Gus Ivey, Glenn Reyburn and himself with the murder of Jay Kagg, committed as follows: “The said defendants in the county and district aforesaid on the 15th day of June, 1910, unlawfully, willfully, and of his malice aforethought and with premeditation and deliberation, did assault, kill and…
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. Appellant, was convicted of involuntary manslaughter upon an indictment charging Gus Ivey, Glenn Reyburn and himself with the murder of Jay Kagg, committed as follows: “The said defendants in the county and district aforesaid on the 15th day of June, 1910, unlawfully, willfully, and of his malice aforethought and with premeditation and deliberation, did assault, kill and murder one Jay Kagg in the peace of the State by striking him, the said Jay Kagg, with some deadly weapon, the particular…
1Opinion of the Court
Kirby, J.,
(after stating the facts.) It is contended that the court erred in giving instruction No. 6 telling the jury that they might convict of any lower degree of homicide than murder, if the evidence warranted, whether the killing was done in the manner charged in the indictment or not. Section 1762, Kirby’s Digest, provides: “The manner of the killing is not material, further than it may show the disposition of mind or the intent with which the act was committed.”
While the jury could reasonably have inferred from the testimony that Ivey, one of the parties pursuing Kagg with appellant,…
2Cited by10 opinions
- State v. FarnamOregon Supreme Court · 1916
- Bailey v. StateSupreme Court of Arkansas · 1943
- Madding v. StateSupreme Court of Arkansas · 1915
- Bennett v. StateSupreme Court of Arkansas · 1923
- El Pueblo de Puerto Rico v. Cruz del ValleSupreme Court of Puerto Rico · 1936
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