Green v. State
Supreme Court of Arkansas
APPEALS from Clark Circuit Court. R. D. Hearn, Judge. It is manifest from the instructions given and refused by the court, that it held to the idea that an intentional killing, when not committed under justifiable circumstances, is, per se, murder in the first degree. Is this law? We think not. There is wanting the elements of deliberation and premeditation, and the intent to kill does not, necessarily, imply either.
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APPEALS from Clark Circuit Court. R. D. Hearn, Judge. It is manifest from the instructions given and refused by the court, that it held to the idea that an intentional killing, when not committed under justifiable circumstances, is, per se, murder in the first degree. Is this law? We think not. There is wanting the elements of deliberation and premeditation, and the intent to kill does not, necessarily, imply either. Deliberation signifies a measurable degree of calmness ; premeditation means meditation upon before hand; yet the court said: ‘ ‘If at the time the blow is struck the intent to…
1Opinion of the CourtBattle, J.
Willis Green, Dan. Jones, Anderson Mitchell and others were jointly indicted for the murder of Arthur Horton. They severed their trials, and Green, Jones and Mitchell were separately convicted of murder in the first degree. They filed separate motions for new trials, which were denied, and, severally, appealed to this court. One of the grounds of Green’s complaint is, the court did not properly instruct the jury, in his trial, as to the intent necessary to constitute murder in the first degree,
1. Homocide:Murder ii first degree In order to constitute the killing of a human being murder un the…
2Cases cited2 opinions
- State v. WienersSupreme Court of Missouri · 1877
- People of the State of New York v. . MajoneNew York Court of Appeals · 1883
3Cited by18 opinions
- State v. Dong SingIdaho Supreme Court · 1922
- Jones v. StateCourt of Appeals of Arkansas · 1984
- Rogers v. StateSupreme Court of Arkansas · 1918
- Weldon v. StateSupreme Court of Arkansas · 1925
- Gilchrist v. StateSupreme Court of Arkansas · 1911
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