State v. Robinson

• Citation: 18 S.W. 541
• Parties: STATE v. ROBINSON.
• Decision Date: 13 February 1892
• Court: Arkansas Supreme Court

18 S.W. 541

STATE v. ROBINSON.

Supreme Court of Arkansas.

February 13, 1892.

Error to circuit court, Van Buren county; ROBERT J. LEA, Judge.

Webster Robinson was indicted for assault with intent to kill. Having been found guilty, he moved in arrest of judgment, because the facts stated in the indictment did not constitute a public offense. From an order sustaining the motion and quashing the indictment the state brings error. Reversed.

The indictment charged that the said Webster Robinson, at a time and place therein stated, "unlawfully, feloniously, and with malice aforethought did make an assault upon one David Bradford with a deadly weapon, to-wit, a gun, by then and there shooting him, the said David Bradford, with a gun then and there loaded with gunpowder and leaden balls and shot, and then and there had and held in the hands of him, the said Webster Robinson, with intent then and there to kill and murder him, the said David Bradford, against the peace and dignity of the state of Arkansas."

W. E. Atkinson, Atty. Gen., and Chas. T. Coleman, for the State.

COCKRILL, C. J.

The indictment is good under the decisions of Dilling v. State¹ and Felker v. State, 54 Ark. 492, 493, 16 S. W. Rep. 663. The cause will be remanded, with instructions to sentence the prisoner.

It is so ordered.

1. Not reported. Cited in Felker v. State, 16 S. W. Rep. 663.