Jimmerson v. State
| Citation | 275 S.W. 662,169 Ark. 353 |
| Decision Date | 28 September 1925 |
| Docket Number | 137 |
| Parties | JIMMERSON v. STATE |
| Court | Supreme Court of Arkansas |
Appeal from Woodruff Circuit Court, Central District; E. D Robertson, Judge; affirmed.
Judgment affirmed.
Elmo CarlLee, for appellant.
H W. Applegate, Attorney General, and John L Carter, Assistant, for appellee.
Appellant was indicted for murder in the first degree in the Circuit Court of Woodruff County, Central District, and convicted of voluntary manslaughter upon a trial of the cause. From the judgment of conviction, he has prosecuted an appeal to this court.
The testimony introduced by the State was to the effect that appellant had tried to go with and marry Allie Moore, and that when she refused, he threatened to kill her; that, two or three days after making the threat, they, with others, were visiting at Beulah Woods' house on the Halloway place; that about four o'clock in the afternoon, Walter Brown, who had been hunting rabbits, came in and laid his gun down; that while the crowd was guessing riddles out of an almanac and laughing and talking, appellant arose and remarked to Allie Moore that he was going to kill her that evening, and with that remark picked up the gun and unbreeched it; that he was told by three different parties that the gun was loaded and not to be playing with it and the girl at the same time; that, with the gun in his hands, he stepped onto the porch where Allie was; in a few minutes, the gun was discharged, the load entering her head and killing her instantly; that, being called upon, appellant assisted in laying the girl down, and then ran away; that he returned early that night and claimed the gun was accidentally fired.
Appellant testified in his own behalf, claiming that, while he was unloading the gun, it accidentally went off and killed Allie Moore. He testified that he had never tried to go with her or marry her, and that the threats he made were made in a joke. He explained that the plunger in the gun was long, and for that reason he had to pull the trigger back to unload it, and, while doing so, the gun accidentally fired.
The record reflects that appellant and deceased were upon good terms, and that he had married another girl about a week before the killing occurred.
Zollie Moore, the father of deceased, testified that he supposed the killing occurred in the central district; that he almost knew it did.
George Barber identified a map exhibited to him as a map of Woodruff County, put out by the Woodruff County Bank of Augusta, upon which he had drawn the boundary line of the central district according to the description thereof in the act of the Legislature creating the district. He testified that, to the best of his knowledge, it was correct.
F. Lewis testified that the Halloway place, where the killing occurred, was within the boundary line of the central district, as represented by the map.
The first assignment of error insisted upon by appellant for a reversal of the judgment is the insufficiency of the evidence to...
To continue reading
Request your trial
-
People v. Lee
...notwithstanding the absence of heat of passion when the evidence supports a conviction of murder. (See Jimmerson v. State (1925) 169 Ark. 353, 354, 275 S.W. 662, 663 ["Not being accidental, it must have been, under the facts, murder in the first degree; so that the defendant was not prejudi......
-
State v. James L. Layne
... ... 303, 47 P. 128; Chapman v. State (Tex.Crim.App ... 1899), 53 S.W. 103; Hasenfuss v. State (1901), 156 ... Ind. 246, 59 N.E. 463; Williams v. State (1917), 73 ... Fla. 1198, 75 So. 785; Commonwealth v. Kellyon ... (1923), 278 Pa. 59, 122 A. 166; Jimmerson v. State ... (1925), 169 Ark. 535, 275 S.W. 662; Commonwealth v ... Steele (1949), 362 Pa. 427, 66 A.2d 825; ... Commonwealth v. Frazier (1963), 411 Pa. 195, 191 ... A.2d 369, later app. 216 A.2d 337; State v. Nibarger ... (Mo. 1965), 391 S.W.2d 846; ... ...
-
State v. Taylor, 88-1444
...and is not reversible. Id. at 333-34, 253 S.E.2d at 98-99 (citation omitted). The same result was reached in Jimmerson v. State, 169 Ark. 353, 275 S.W. 662 (1925), in which the defendant was charged with murder but found guilty of only voluntary manslaughter. The court held there was no evi......
-
Ransom v. State, 123.
...to avoid the consequences of his act. Crawford & Moses' Dig. § 2342; Houston v. State, 165 Ark. 294, 264 S. W. 869; Jimmerson v. State, 169 Ark. 353, 275 S. W. His testimony and that of his companions is to the effect that they were unacquainted with Jenkins and did not know that he was an ......