Young v. State
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; George W. Hays, Judge; 1. In assault with intent to kill, there is no presumption of malice.
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Appeal from Columbia Circuit Court; George W. Hays, Judge; 1. In assault with intent to kill, there is no presumption of malice. Where death does not result from the act, malice will not be presumed. 65 Ark. 410; 34 Ark. 280; 49 Ark. 159. 2. A new trial should have been granted on account of newly discovered evidence, the tendency of which was to show Tint Green’s predetermination to do the acts which brought on the difficulty, with intent to shoot appellant or some one in the crowd. It cannot properly be classed as impeaching or cumulative evidence. 69 Ark. 546. 3. The first instruction was…
1Opinion of the CourtFrauEnthae, J.
The defendant, Barto Young, has appealed from a judgment convicting him of the crime of assault with intent to kill one Lint Green. He urges that the judgment should be reversed for the following reasons: First, because there was not sufficient evidence to sustain the verdict of the jury; second, because the court erred in one of the instructions given by it; and, third, because of newly discovered evidence.
The alleged assault occurred at the home of one of defendant’s brothers, where a dinner had been given and a large number of colored people had gathered, amongst whom were the defendant…
2Cases cited5 opinions
- Clardy v. StateSupreme Court of Arkansas · 1910
- Douglass v. StateSupreme Court of Arkansas · 1909
- Ferguson v. StateSupreme Court of Arkansas · 1909
- Jones v. StateSupreme Court of Arkansas · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. OsborneSupreme Court of Arkansas · 1910
3Cited by16 opinions
- Dewein v. StateSupreme Court of Arkansas · 1914
- Gross v. StateSupreme Court of Arkansas · 1967
- Cole v. StateSupreme Court of Arkansas · 1922
- Fields v. StateSupreme Court of Arkansas · 1922
- Clements v. StateSupreme Court of Arkansas · 1939
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