Hinson v. State

• Decision Date: 22 July 1905
• Citation: 88 S.W. 947,76 Ark. 366
• Parties: HINSON v. STATE
• Court: Arkansas Supreme Court

88 S.W. 947

76 Ark. 366

HINSON v. STATE

Supreme Court of Arkansas

July 22, 1905

Appeal from St. Francis Circuit Court, HANCE N. HUTTON, Judge.

Hinson and Scott were convicted of an assault with intent to kill and have appealed.

Judgment modified.

STATEMENT BY THE COURT.

R. H Hinson and E. S. Scott were in March of this year engaged in logging, and lived with their wives in tents on the bank of the St. Francis river northeast of Forrest City. Not far away lived one Al Smith, upon whom, on the 14th day of March, they committed an assault. Smith was struck on the head with a stick, and severely hurt, and the grand jury of St. Francis County indicted the defendant for an assault with intent to kill. On the trial the evidence showed the following facts On the night of the 13th of March Smith indulged to some extent in intoxicating liquors, and while under the influence thereof he went to the tent where Hinson lived, and inquired if he was there. On being told that he was not at home, he made use of insulting language about him in the presence of Hinson's wife and child. Scott and his wife came from their tent to Hinson's tent, and after some persuasion induced Smith to return to his home. The witnesses say that after Smith returned home he came out of his house with a shotgun and pistol, and fired into the tent. One of the bullets of the pistol, so the witness testified, passed through the tent not far from where Mrs. Hinson was seated in the tent with her child. Witnesses also testified that Smith while at the tent made threats against Hinson. The next day while Smith was near the place where logs were being placed in the river, Scott accosted him, and requested him to pay the money that Smith owed him. Smith told him that he would do so, but said that he might have to go to his house to get the money. Scott then said that when they arranged their business matters he wanted Smith to settle for his conduct of the previous night. To quote the language of one of the witnesses for the State, "Smith then asked, 'What have I done?' Mr. Scott said, 'You cursed me, and abused me; you called me a son-of-bitch, and threatened to kill me.' Mr. Smith said, 'I did not do it; if I did I apologize to you for it.' And about that time Mr. Scott struck him on the side of the head with a stick, staggering him, and knocked him partially down, and I think he struck him again. About the same time the defendant Hinson, who was standing near, ran up and struck Mr. Smith with a stick, and knocked him down. I think he struck him two or three times; once on the back, and once or twice on the head. When Mr. Hinson took part in the fight, Mr. Scott quit, and Scott and I caught hold of Hinson, and tried to pull him off of Mr. Smith. Hinson had dropped his stick, and had Smith by the throat with one hand, and was hitting him with the other. While Scott and I were trying to separate Hinson and Smith, they became engaged in a scuffle for a pistol in Smith's right hip pocket, and one Mr. J. S. Turner ran up and took the pistol from both of them, and carried it, and gave it to Mr. Bailey, who was sitting near in a wagon. When we succeeded in separating Hinson and Smith, Smith started off towards his house. When he had gone but a short distance, Hinson broke loose from us, and followed Smith, overtook him, and I think he struck him two or three times. Mr. Garrett went up, and caught hold of Hinson, and Smith got up, and started towards his home, and Hinson threw his stick after him." The sticks with which the assault was made were introduced in evidence, and a witness testified that a man could be killed with them. Other witnesses testified that, after Hinson commenced his assault upon Smith, Scott made no further effort to injure Smith, but on the contrary endeavored to prevent Hinson from striking him.

There was some testimony on the part of the defendant that Smith attempted to draw a pistol during the assault, and Hinson testified that he struck Smith because he thought he was about to draw his pistol in the effort to carry out the previous threats against himself and Scott. The jury returned a verdict of guilty against...