Coffer v. State
| Decision Date | 22 September 1947 |
| Docket Number | 4452 |
| Citation | 204 S.W.2d 376,211 Ark. 1010 |
| Parties | Coffer v. State |
| Court | Arkansas Supreme Court |
Appeal from Ouachita Circuit Court, First Division; Gus W. Jones Judge.
Affirmed.
Francis Wilson, J. Bruce Streett and Floyd E. Stein, for appellant.
Guy E. Williams, Attorney General, and Oscar E Ellis, Assistant Attorney General, for appellee.
On a charge of assault with intent to kill, appellant, I. W. Coffer, was tried, found guilty and punishment of three years in the State Penitentiary assessed by the jury. From the judgment on the verdict comes this appeal.
Eight alleged errors were assigned in the motion for a new trial. The first seven, in effect, challenged the sufficiency of the evidence to support the verdict, and in the eighth assignment appellant alleged: "The Court erred in his oral instructions to the jury over the objections of the defendant."
The evidence was to the following effect:
Mrs. Harold Boggie testified that she left her automobile in a garage in Camden, Arkansas, and directed one of the employees, or mechanics, to make certain repairs. She then left in company with another lady and some hours later returned for the car. Appellant, I. W. (Bill) Coffer had attempted to make the necessary repairs which involved the wiring and lighting system. In the presence of herself and the other lady, another mechanic and employee, "Bookie" Lee, after examining Coffer's work said: "Bill, you haven't checked this all the way through and you told me you had, but you haven't and said 'we don't want to turn out anything like this' and he (Coffer) said 'you can fix it yourself,'" and Bookie said:
Appellant struck Lee from three to six times before he was stopped. Lee had nothing in his hands and was unarmed and tried to defend himself with his fists.
Bookie Lee, the victim of appellant's assault, testified that, as was his duty, he checked Mrs. Boggie's car after appellant had attempted to make the repairs and discovered, in effect, that the repairs were incomplete and Lee was taken to the hospital where he remained from about Wednesday to Saturday. He later went to a Memphis hospital where he had an operation on his arm.
Dr. R. B. Robbins testified:
It is undisputed that appellant struck his victim, Lee, with a steel bar about two feet long and one inch in diameter.
J. B. Jackson testified:
F. A Sanders testified that he was present and at the time appellant hit Lee ...
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Grays v. State, 4669
...must be viewed in the light most favorable to the State as announced many times by this court and recently in Coffer v. State, 211 Ark. 1010, 204 S.W.2d 376, 378: 'On appeal, we are required to view the testimony in the light most favorable to the State, and the jury's verdict, when support......
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Bracey v. State
...decision this court has many times re-affirmed the announced rule. See: Massey v. State, 207 Ark. 675, 182 S.W.2d 671; Coffer v. State, 211 Ark. 1010, 204 S.W.2d 376; and Oliver v. State, 225 Ark. 809, 286 S.W.2d We have also examined the entire record in this case independently of any poin......
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Cooley v. State
... ... that particular, and, not having done this, he cannot ... complain of the court's failure to give such ... instruction." ... The ... judgment of the circuit court is in all things affirmed ... --------- ... [1] See Coffer ... ...
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Cooley v. State
...of the court's failure to give such instruction." The judgment of the circuit court is in all things affirmed. 1. See Coffer v. State, 211 Ark. 1010, 204 S.W.2d 376; and also cases collected in 6 West's Arkansas Digest, Criminal ...