Banks v. State
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; J. M. Jackson, Judge; statement oe eacts. In No. 2411, Alf Banks, Jr., and John Martin were indicted by the grand jury of Phillips County for murder in the first degree.
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Appeal from Phillips Circuit Court; J. M. Jackson, Judge; statement oe eacts. In No. 2411, Alf Banks, Jr., and John Martin were indicted by the grand jury of Phillips County for murder in the first degree. The indictment charged that the defendants on the 1st day of October, 1919, “did unlawfully, wilfully, feloniously and with malice aforethought, and after deliberation and premeditation kill and murder one W. A. Adkins; by shooting him * * with a certain gun which they * * * then and there had and held in their hands, * * * against the peace and dignity of the State of Arkansas.” The…
1Opinion of the CourtHart, J.
(after stating the facts). The only issue raised by the appeal in each of the above cases is, could the court lawfully proceed to judgment and sentence on the verdict? By our' statute, murder is divided into two degrees — murder in the first degree, and murder in the second degree. Kirby’s Digest, sections 1766 and 1767.
Section 2409 of Kirby’s Digest reads as follows:
“The jury shall, in all cases of murder, on conviction of the accused, find by their verdict whether he be guilty of murder in the first or second degree, but if the accused confess his guilt, the court shall empanel a jury and…
2Cases cited10 opinions
- Thompson v. StateSupreme Court of Arkansas · 1870
- Ford v. StateSupreme Court of Arkansas · 1879
- Gilchrist v. StateSupreme Court of Arkansas · 1911
- Lancaster v. StateSupreme Court of Arkansas · 1902
- Porter v. StateSupreme Court of Arkansas · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Clark v. StateSupreme Court of Arkansas · 1925
- Wells v. StateSupreme Court of Arkansas · 1937
- Jones v. StateSupreme Court of Arkansas · 1942
- Burns v. StateSupreme Court of Arkansas · 1922
- Clayton v. StateSupreme Court of Arkansas · 1935
7 more not listed; retrieve them via the Exa API.