Carter v. State
Supreme Court of Arkansas
Appeal from Garland Circuit Court; C. T. Cotham, Judge; STATEMENT BY THE COURT. The indictment charged that “J. R. Carter, on the 29th day of July, 1912, in the county of G-arland aforesaid, did unlawfully, feloniously, and with malice aforethought and after premeditation, and deliberation kill and murder one Bud Woodfork with a certain pistol which the said J. R. Carter then and there had and held in his hand, the said pistol being then and there loaded with gunpowder and…
Read the full summary
Appeal from Garland Circuit Court; C. T. Cotham, Judge; STATEMENT BY THE COURT. The indictment charged that “J. R. Carter, on the 29th day of July, 1912, in the county of G-arland aforesaid, did unlawfully, feloniously, and with malice aforethought and after premeditation, and deliberation kill and murder one Bud Woodfork with a certain pistol which the said J. R. Carter then and there had and held in his hand, the said pistol being then and there loaded with gunpowder and bullets, against the peace and dignity of the State of Arkansas. ’ ’ The facts are substantially as follows: The…
1Opinion of the Court
Wood, J.,
(after stating the facts). The indictment was sufficient. Jones v. State, 61 Ark. 88; Turner v. State, 61 Ark. 359; LaRue v. State, 64 Ark. 144; Green v. State, 71 Ark. 150; Harding v. State, 94 Ark. 65.
The court did not err in excluding the offered testimony of the conduct of Blue Jackson not in the presence of the appellant. It is neither alleged nor proved that Blue Jackson and deceased Woodfork were in a conspiracy to assault the appellant,0 and the testimony is not shown to have been connected in point of time so as to constitute a part of the res gestae. McElroy v. State, 100…
2Cases cited9 opinions
- Palmore v. StateSupreme Court of Arkansas · 1874
- Harding v. StateSupreme Court of Arkansas · 1910
- Jones v. StateSupreme Court of Arkansas · 1895
- McElroy v. StateSupreme Court of Arkansas · 1911
- Jackson v. StateSupreme Court of Arkansas · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Harshaw v. StateSupreme Court of Arkansas · 2001
- People v. CelluraMichigan Supreme Court · 1939
- Jett v. StateSupreme Court of Arkansas · 1922
- Burton v. StateSupreme Court of Arkansas · 1973
- Blackburn v. StateSupreme Court of Arkansas · 1918
1 more not listed; retrieve them via the Exa API.