Abbott v. State
Citation | 91 S.W. 754,77 Ark. 337 |
Parties | ABBOTT v. STATE |
Decision Date | 23 December 1905 |
Court | Supreme Court of Arkansas |
Appeal from Clark Circuit Court; JOEL D. CONWAY, Judge; affirmed.
Affirmed.
Robert L. Rogers, Attorney General, for appellee.
Instruction No. 3 was not prejudicial. The jury awarded the minimum punishment. Kirby's Digest, § 1588.
The appellant was convicted of an assault with intent to kill, and sentenced to one year in the penitentiary. The indictment charged that appellant made the assault "unlawfully, willfully, feloniously, and with malice aforethought with the felonious intent to kill and murder." That was sufficient. Dillard v. State, 65 Ark. 404, 46 S.W. 533.
The instruction which gave the jury the maximum punishment to be assessed in case of conviction, but failed to name the minimum punishment, was not prejudicial, since the jury assessed the lowest punishment.
There was no error in the law of the case as given by the court, and the proof was ample to sustain the verdict.
Affirmed.
To continue reading
Request your trial-
Missouri & North Arkansas Railroad Company v. Sneed
...in the 4th paragraph of the answer, and its truth is admitted by the demurrer. It was error to sustain the de-murrer to that paragraph. 77 Ark. 337. 2. It was also error to sustain the demurrer to the 9th paragraph. It is a violation of law to ship hogs diseased with cholera into or through......
-
Deshazo v. State
...of innocence, and should have been given. Instruction numbered 13 was a correct statement of the law and should have been given. 77 Ark. 337; 110 Ark. 209. No will be indulged in the giving or refusal of instructions where harmless. Before such error can be said to have been blameless, it m......