Overman v. State

• Decision Date: 15 October 1887
• Citation: 5 S.W. 588
• Parties: OVERMAN <I>v.</I> STATE.
• Court: Arkansas Supreme Court

Page 588

5 S.W. 588

OVERMANv.

STATE.

Supreme Court of Arkansas.

October 15, 1887.

Appeal from circuit court, Washington county; J. M. PITTMAN, Judge.

The appellant pro se. D. W. Jones, Atty. Gen., for appellee.

SMITH, J.

Overman was indicted and convicted as an accessory of Sam. Jones in the murder of one Keltner, and was sentenced to be hanged. His motion for a new trial alleged, among other grounds, that the verdict was contrary to the evidence, and was not supported by sufficient evidence. The bill of exceptions does not expressly negative the introduction of any other testimony than that which it sets out. It begins with the formula that the state, to maintain the issue on its part, swore a certain named witness whose testimony follows, together with that of about 20 other witnesses. It then recites that the state closed, and the defendant, after calling five witnesses, whose testimony is given in full, closed. This is not as definite and certain as a bill of exceptions ought to be when a reversal is sought for a failure of proof. Nevertheless it is to be inferred that it contains all the evidence which was used at the trial. Leggett v. Grimmett, 36 Ark. 496. Keltner was killed while sitting in his house after night-fall, by a pistol shot fired through a crack or hole in the wall. Circumstances were in proof from which the jury might fairly conclude that this shot was fired by Sam. Jones, the alleged principal in the felony, and that it was done with malice, premeditation, and deliberation. Keltner and the defendant were partners in getting out cross-ties for a railroad. The defendant's wife had left him shortly before, and had gone off to live in adultery with Jones, and the defendant was now boarding at Keltner's. At the time of the shooting there were present in the room Keltner, his wife and two children, the defendant, and one McNaught. The last two were seated on a trunk in a corner of the room, which seems to have been their usual seat in the evening. Keltner was sitting apart from the others. The defendant and McNaught immediately rushed out to discover the assassin, but could see no one. They returned to the house and rendered to Keltner such services as one who was mortally wounded needed. When some of the neighbors came in the defendant was weeping. When it was proposed to send for a physician he offered his horses. Nevertheless, suspicion fell upon him; he was arrested, and being put upon his trial was found guilty, without any...