Rosemond v. State
Decision Date | 13 April 1908 |
Citation | 110 S.W. 229,86 Ark. 160 |
Parties | ROSEMOND v. STATE |
Court | Arkansas Supreme Court |
Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge affirmed.
Judgment affirmed.
Searcy & Parks and Wm. L. Moose, for appellant.
It is conceded that the evidence is sufficient to convict appellant of murder in the second degree, but it is not sufficient to sustain the conviction of murder in the first degree. 82 Ark 97; 37 Ark. 239; 83 Ark. 268.
William F. Kirby, Attorney General, and Daniel Taylor, assistant, for appellee.
Malice is shown, and a spirit of revenge harbored by appellant against deceased for sometime previous to the assault. That it was premeditated is shown by appellant's own testimony, and the club used was a deadly weapon. The evidence sustains the verdict.
Appellant 's counsel thus states his case:
To this statement may be added these facts: The stick with which Lewis was killed was larger at one end than the other, having been trimmed at one end so that it was a handy weapon. Lewis weighed about 150 pounds, and Rosemond was a stout man. Lewis had caused Rosemond to be fined for having carried a pistol and Rosemond bore a grudge against him therefor, and had threatened to get even with him for this act. A few minutes before the assault, Rosemond said he intended going away. Immediately after the assault, he fled the country. Rosemond testified that he was mad at Lewis for having caused him to be fined, and that he intended to give him a whipping, but did not intend to...
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