Green v. State
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. ' Hon. J. W. Martin, Circuit Judge. 1. The jury, from the evidence, should have found-appellant guilty of murder in the first degree or acquitted him. If appellant murdered the deceased at all, it was a malicious premeditated murder by lying in wait, and was murder in the first degree under our Statute. 2. It was error to overrule the motion for continuance.
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APPEAL from Pulaski Circuit Court. ' Hon. J. W. Martin, Circuit Judge. 1. The jury, from the evidence, should have found-appellant guilty of murder in the first degree or acquitted him. If appellant murdered the deceased at all, it was a malicious premeditated murder by lying in wait, and was murder in the first degree under our Statute. 2. It was error to overrule the motion for continuance. The discretion of the court below was a legal discretion, and when abused will be reviewed by this court. Thompson v. The State, 2Q Ark., 327. The motion showed all the law required. Acts of 1879, p. 26.…
1Opinion of the CourtEnglish, C. J.
Appellant was indicted for murder, in the Circuit Court of Lonoke county, at the September term, 1880; the indictment charging, in substance, that “said Jackson Green, on the third day of June, 1880, in the county of Lonoke, etc., did feloniously, willfully, and with malice aforethought, and with premeditation and deliberation, kill and murder one Benjamin Bowling, then and there being, by shooting him, the said Bowling, with a gun then and there loaded with gunpowder and a leaden ball,’''’ etc., etc.
The Lonoke record shows that the defendant was served with a copy of the indictment on the…
2Cited by18 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- State v. DavidSupreme Court of Missouri · 1895
- Atchison, T. & S. F. Ry. Co. v. BakerSupreme Court of Oklahoma · 1913
- Trammell v. StateSupreme Court of Arkansas · 1936
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1913
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