Hardgraves v. State

• Decision Date: 30 November 1908
• Citation: 114 S.W. 216,88 Ark. 261
• Parties: HARDGRAVES v. STATE
• Court: Arkansas Supreme Court

114 S.W. 216

88 Ark. 261

HARDGRAVES v. STATE

Supreme Court of Arkansas

November 30, 1908

Appeal from Johnson Circuit Court; Hugh Basham, Judge; affirmed.

Judgment affirmed.

Cravens & Covington, for appellant.

It was error to exclude the evidence of Freeman. 13 Ark. 236; 22 Id. 354; 29 Id. 262. The evidence of both Freeman and Golden was competent to show the general malevolence of deceased, and explanatory and in support of the assault. 24 S.W. 413.

William F. Kirby, Attorney General; Daniel Taylor, Assistant, for appellee.

We can see no error in this cause prejudicial to appellant. By the introduction of the evidence of Freeman and Goldman, counsel were endeavoring to make his disposition and reputation known by specific acts. This is not allowable.

OPINION

HART J.

Walter Hardgraves has appealed from a judgment of conviction for involuntary manslaughter. His punishment was fixed by the jury at a term of eight and one-half months in the State penitentiary. The indictment under which he was tried charged him with the crime of murder in the first degree. The killing is admitted, but appellant claims that it was done in self-defense.

J. F. Smith, on behalf of the State, detailed the circumstances connected with the killing substantially as follows:

Hardgraves the defendant, and Vanlue, the deceased, were standing near his wagon talking. They were having words about a previous difficulty which Vanlue had had with another man on the same day. Smith did not pay much attention to the conversation. Vanlue was talking and motioning with his hands. Hardgraves suddenly turned, took a rock weighing about one and one-half pounds from his pocket, and hit Vanlue on the head with it. Vanlue's skull was broken in. He died about twenty-four hours afterward.

Hardgraves testified that Vanlue grabbed him by the collar and at the same time ran his hand in his pocket. That he, Hardgraves reached back, picked up a rock, hit Vanlue with it, and walked away. Other evidence was adduced tending to corroborate his statement. Evidence was also adduced tending to show that Vanlue was under the influence of whisky, and that when drinking he was a violent and overbearing man.

The only error complained of by appellant's attorneys is that the trial court excluded from the jury the testimony of Everette Freeman and John Golden to the effect that each one separately had passed the house of deceased a short time...