Price v. State
| Decision Date | 18 February 1907 |
| Citation | 100 S.W. 74,82 Ark. 25 |
| Parties | PRICE v. STATE |
| Court | Arkansas Supreme Court |
Appeal from Washington Circuit Court; E. S. McDaniel, Special Judge affirmed.
Affirmed.
Wm. F Kirby, Attorney General, and Daniel Taylor, for appellee.
There is error in this record, but none of which appellant can complain. The evidence was amply sufficient to sustain a conviction for a higher degree of homicide, but none whatever upon which to base an instruction warranting a verdict of involuntary manslaughter. 80 Ark. 225. An accessory is he who stands by, aids, abets or assists, or * * * hath advised and encouraged the prosecution of the crime. Kirby's Digest § 1560. In cases of felony, such persons are deemed principal offenders and indicted and punished as such. Ib. § 1563.
Any evidence is admissible on the trial of the accessory which would be admissible on the trial of the principal, tending to show the guilt and the degree of guilt of the principal. 59 Ark. 422; 2 Bishop, Cr. Pr. § 13; 1 Enc. Ev. 74; 9 Tex.App. 435; 6 Baxter (Tenn.), 244.
Appellant, Alex Price, was indicted for murder in the second degree, and convicted of involuntary manslaughter. He and his son, Will Price, were jointly indicted, being accused of killing one Squire Wallace, and appellant was tried separately. Wallace was shot and killed by Will Price at the home of the former, and there was evidence tending to show that appellant was present and encouraged the commission of the homicide. On the night of the killing Wallace gave a dance at his house, his friends and neighbors being in attendance. Appellant and his son and other members of his family were present by invitation and participated in the festivities of the occasion. Appellant was drinking quite freely, and became intoxicated. He and Wallace appeared to be friendly. They drank together, and some of the witnesses say that they danced a jig or two together. Appellant first became involved in an altercation with one Fields, and was boisterous and profane. Deceased remonstrated with him, and, when he refused to desist from using profane language, he ordered him to leave the house. Appellant refused to go, exclaimed that his name was Price, and that he could whip any man there. He went out of the house, however, continuing his boisterous and profane language, and deceased went out with a stick in his hand.
There was some evidence that deceased struck appellant with the stick. About this time Will Price, having got a gun from a pig-pen where he had secreted it, fired a shot at deceased, missing him the first shot, when appellant called out: "Shoot him again, Bill; shoot him again." Will Price then fired again at deceased, this time inflicting a fatal wound. There was some conflict in the evidence as to who was the aggressor in the altercation between appellant and deceased, and whether or not appellant told his son to shoot; but there was sufficient evidence to sustain the finding that appellant was the aggressor, and that he repeatedly told his son Will to shoot deceased.
The evidence was sufficient to have warranted a conviction of murder in the second degree as charged in the...
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