Smith v. State
Supreme Court of Arkansas
APPEAL from Scott Circuit Court.- JOHN S. Little, Judge. STATEMENT. The appellant, Smith, was jointly indicted witb two •other persons, for the murder of S. B. Cautbron. The indictment charges that the offense was committed by shooting -the deceased with a gun, and the evidence shows that he was waylaid and shot on Saturday night, November 19, 1887, and that he died on the Wednesday evening following.
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APPEAL from Scott Circuit Court.- JOHN S. Little, Judge. STATEMENT. The appellant, Smith, was jointly indicted witb two •other persons, for the murder of S. B. Cautbron. The indictment charges that the offense was committed by shooting -the deceased with a gun, and the evidence shows that he was waylaid and shot on Saturday night, November 19, 1887, and that he died on the Wednesday evening following. At the time he was shot Cautbron was at a farm house about five miles from home, and remained there until the next Monday when he was removed- to his own house. On the trial of the appellant, A.…
1Opinion of the Court
OPINION.
Cockeill, C. J.
1. Homicide: Judicial cause of death. It is most probable from the testimony that Cauthron died from pneumonia or congestión of the lung caused by the wound inflicted by the laht, or so aggravated by it as to hasten death. In either event the wound should be regarded as the juridical •cause of death and the prisoner held to the consequences. Key v. State, 28 Ark., 155; 1 Hale Pl. C., 428; 1 Whart. Cr. L., sec. 159.
This principle is also deducible from the cases — that •one who maliciously inflicts a serious wound upon another frem which as the mediate but not immediate…
2Cases cited1 opinion
- Bush v. CommonwealthCourt of Appeals of Kentucky · 1880
3Cited by10 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- Jackson v. StateSupreme Court of Arkansas · 1909
- Ayers v. StateSupreme Court of Arkansas · 1894
- Bishop v. StateSupreme Court of Arkansas · 1905
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