Allen v. State
Supreme Court of Arkansas
APPEAL from Desha Circuit Court. Hon. X. J. Pinjdall, Circuit Judge. Ai’gued upon the evidence and instructions. There was no legal eyidence to connect appellant with the murder, and the verdict was against the evidence, and contrary to the instructions of the court. The court erred in instructing- the jury on the lower grades of homicide, and the jury were thereby misled. There is but one punishment for murder by poison ; there can be no degrees.
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APPEAL from Desha Circuit Court. Hon. X. J. Pinjdall, Circuit Judge. Ai’gued upon the evidence and instructions. There was no legal eyidence to connect appellant with the murder, and the verdict was against the evidence, and contrary to the instructions of the court. The court erred in instructing- the jury on the lower grades of homicide, and the jury were thereby misled. There is but one punishment for murder by poison ; there can be no degrees. All murder by poison is of the first degree. 8ec. 1253 Gantt’s Digest; and appellant was acquitted of that. To find one guilty of murder in the…
1Opinion of the CourtEnglish, C. J.
In making out the transcript in this case, the- clerk has needlessly copied into it eleven subpcenas, which have no relevancy to any question decided by the court below, and none to any question to be decided on this appeal. He has not endorsed his charge for making-out the transcript; but whatever it may be, there must be deducted therefrom, and disallowed, the cost of transcribing these subpoenas.
On the twelfth of April, 1881, Catherine Allen and Caesar Shine were jointly indicted for murder in the first degree, in the Circuit Court of Desha county, for the Arkansas City district. They…
2Cited by10 opinions
- Clark v. StateSupreme Court of Arkansas · 1925
- McPherson v. StateIndiana Supreme Court · 1912
- Smith v. StateSupreme Court of Arkansas · 1953
- Harris v. StateSupreme Court of Arkansas · 1926
- Freeman v. StateSupreme Court of Arkansas · 1921
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