Legal Opinion

Dow v. State

Supreme Court of Arkansas

Decided January 20, 1906PublishedCited by 7 opinions

Appeal from Independence Circuit Court; Wileiam D. Moose, Judge; The fourth instruction was erroneous, in that it was based • upon a hypothesis for which there was no foundation in the evidence, ix Enc. PI. & Pr. 128; 54 Ark. 338; 8 Ark. 185; 57 Ark. 627; 16 Ark. 655; 36 Ark. 133; 42 Ark. 61; 48 Ark. 130; 49 Ark. 374; 70 Ark. 443; 71 Ark. 363. The tenth instruction was erroneous.

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Appeal from Independence Circuit Court; Wileiam D. Moose, Judge; The fourth instruction was erroneous, in that it was based • upon a hypothesis for which there was no foundation in the evidence, ix Enc. PI. & Pr. 128; 54 Ark. 338; 8 Ark. 185; 57 Ark. 627; 16 Ark. 655; 36 Ark. 133; 42 Ark. 61; 48 Ark. 130; 49 Ark. 374; 70 Ark. 443; 71 Ark. 363. The tenth instruction was erroneous. The jury should be instructed to consider all the facts and circumstances tending to establish the question of provocation. 21 Am. & Eng. Enc. Law (2 Ed.), 179; 50 S. W. 381; 4 Tex. 200. In this case the question…

1Opinion of the CourtRiddick, J.

This is an appeal -from a judgment convicting the defendant, John Dow, of murder in the first degree, for killing his wife, Ella Dow, by shooting her.

The facts in brief are that John Dow and his wife, Ella Dow, who were negroes, lived at -or near Batesville. The parents of Ella Dow lived near Sulphur Rock, in the same county. Some short while before the killing, Ella Dow had abandoned her husband and returned to the home of her parents.

The witnesses for the State say that on the 4th day of April, Dave Peel, his wife, Priscilla Peel, his young daughter, Viola Peel, a son-in-law, Owen Kennedy,…

2Cases cited1 opinion

  1. Vance v. StateSupreme Court of Arkansas · 1902

3Cited by7 opinions

  1. Tripp v. StateCourt of Special Appeals of Maryland · 1977
  2. Arnold v. StateSupreme Court of Arkansas · 1929
  3. Ferguson v. StateSupreme Court of Arkansas · 1909
  4. Bradshaw v. StateSupreme Court of Arkansas · 1910
  5. MacKool v. StateSupreme Court of Arkansas · 2005

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