Deal v. State

• Decision Date: 25 February 1907
• Parties: DEAL v. STATE.
• Court: Arkansas Supreme Court

100 S.W. 75

DEAL v. STATE.

Supreme Court of Arkansas.

February 25, 1907.

Appeal from Circuit Court, Phillips County; H. N. Hutton, Judge.

Pickens Deal was convicted of murder in the first degree, and appeals. Reversed.

The indictment in this cause charges, in apt words, that the appellant, Pickens Deal, on or about the 15th day of December, 1902, committed the offense of murder in the first degree by shooting one Cuba Bronson in Phillips county, Ark. Trial was had at the October term, 1906, of the Phillips circuit court, which resulted in a verdict of murder in the first degree. The appellant was sentenced to be hanged on the 11th day of January, 1907, but obtained stay of execution from this court, and the cause is now here for review on appeal from the Phillips circuit court.

The testimony on behalf of the state tended to prove that on the 15th day of December, 1902, there was a "crap game" at the home of "Cuba" or "Cooper" Bronson in Phillips county, in which appellant, and Cuba Bronson, and several others engaged. Cuba Bronson won all they had. All the players "dropped out" except Cuba and appellant. Cuba won all appellant had, then "staked" him for 50 cents, which appellant likewise lost. "Thereupon," as one of the witnesses related it, "appellant got up, told deceased: That he had treated him like a son of a bitch, and went to his bed and got his gun. That deceased was at the time on his knees counting his money, which position he kept until the defendant reached for his pistol and began to shoot. That he pointed his pistol toward the forehead of deceased, caught him by the arm and began to shoot. After the first shot, appellant and deceased got to scuffling, and he heard deceased ask some one to take him off between the first and second shots, but that defendant told witness that he had better get out or he would turn on him. Witness then ran home. That deceased died that night, and that it all occurred in Phillips county, Ark." Bronson was shot in the forehead, and between the lower part of the right ear, and the back of the neck, also under the lower part of the right ear. Thomas Isaac for the state testified over the objection of appellant as follows: "On the afternoon before the killing Pickens Deal was coming down the road, and I spoke to him and asked him concerning a scrap he had had with another fellow. * * * He had his gun with him, and said he intended to shoot it until it melted if they didn't quit running over him. Said he wouldn't be very long about it. He didn't say he was going to shoot any particular fellow. He did not mention the deceased." Appellant saved his exceptions to the ruling of the court in admitting this evidence. The testimony of appellant, if believed by the jury, would have warranted the jury in finding appellant guilty of voluntary manslaughter, or even a verdict of acquittal. Motion for new trial,...