Levy v. State
| Decision Date | 10 May 1902 |
| Citation | 68 S.W. 485,70 Ark. 610 |
| Parties | LEVY v. STATE |
| Court | Arkansas Supreme Court |
Appeal from Nevada Circuit Court, JOE D. CONWAY, Judge.
Reversed.
Cause remanded.
J. O. A. Bush, for appellant.
The eighth instruction asked by the state should not have been given. 36 Ark. 133; 51 Mich. 199; 1 McClain, Cr. Law, § 328. There is no evidence to support the ninth instruction, and the evidence does not sustain the verdict. 53 Ark. 518; 2 Bish. Cr. Law, § 652; Sand. & H. Dig., 1967-8, 1972-3, 5257; 55 Am. Dec. 97; 1 McClain, Cr. Law, § 328; 153 U.S. 614; 1 Bish. Cr. Law, § 868; 3 Greenleaf, Ev. § 123; 41 S.W. 294; 8 L. R. A. 535; 49 Ark. 453; 52 L. R. A. 751.
George W. Murphy, Attorney General, for the State.
The overruling of the demurrer was proper. 65 Ark. 559.
The court erred in allowing appellant to be examined on cross-examination as to the difficulty he had with a man in Prescott, and this testimony was prejudicial. The uncontroverted proof shows that appellant was at least guilty of murder in the second degree. The cause will be remanded to the circuit court with directions to sentence for murder in second degree.
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