Ward v. State
| Decision Date | 23 April 1945 |
| Docket Number | 4382 |
| Citation | 186 S.W.2d 950,208 Ark. 602 |
| Parties | Ward v. State |
| Court | Arkansas Supreme Court |
Appeal from Pulaski Circuit Court, First Division; Gus Fulk, Judge.
Affirmed.
W R. Morrow, for appellant.
Guy E. Williams, Attorney General, and Oscar E Ellis, Assistant Attorney General, for appellee.
The charge was that Luther Ward assaulted fifteen-year-old Anna Louise Kuehnert with intent to kill. The jury's verdict of guilty was followed by judgment that the defendant serve five years in prison. His appeal is an argument that malice willfulness, forethought, and an intent to kill were not shown by substantial evidence. Pope's Digest, § 2961.
Luther M. Kuehnert lived with his wife, Bessie, in North Little Rock. Jack Ward (the defendant's brother) had married, had been divorced by, and had remarried "Jerry" -- Bessie's daughter by a marriage prior to her union with Kuehnert. The Ward brothers went to the Kuehnert home about midnight. Anna Louise, then in bed, was awakened by violent language used by her father and Jack Ward. Kuehnert testified that Jack made threats as he entered the building and that Luther followed him in. Kuehnert directed Anna Louise to "call the law," and in response she went to the telephone. She says that when she "looked up" Luther's fist was coming at her, and "he hit me square in the mouth." Additional testimony was that appellant grabbed the telephone, and with a jerk disconnected it, then threw the "bottom part" at Anna Louise and repeatedly struck her over the head "with the top" -- [meaning, no doubt, the receiver]. In her fright, Anna Louise ran from the room and into the yard, but was followed by her assailant, who struck her across the ear and elsewhere. The girl was knocked down and "stomped -- once on the leg and in the stomach." She didn't remember how many times she fell.
Anna Louise was taken to a hospital for treatment. She was given a hypodermic injection and then went home, but returned the following day for hospitalization and remained in the institution about a week. Blood was expectorated, which apparently came from the stomach. One ear was badly injured, and as late as the day before trial clots of blood were taken from it. Hearing was entirely destroyed in the affected ear. After returning from the hospital Anna Louise was in bed at home for about two weeks.
Other evidence substantiated the testimony of Anna Louise that she was violently assaulted and that serious injuries resulted. The jury seemingly believed her version and discounted appellant's explanation that he was drunk. Jack testified that he had paid a fine the previous week for "beating up" his wife....
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...intent to kill may be inferred from acts and circumstances of the assault but it cannot be implied as a matter of law. Ward v. State, 208 Ark. 602, 186 S.W.2d 950. The above comments are especially important in the light of additional statute, Ark.Stat.Ann. § 41--2507 (Repl.1964), which pro......
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Ward v. State, 4382.
... 186 S.W.2d 950 WARD v. STATE. No. Supreme Court of Arkansas. April 23, 1945. Appeal from Circuit Court, Pulaski County, First Division; Gus Fulk, Judge. Luther Ward was convicted of assault with intent to kill, and he appeals. Affirmed. W. R. Morrow, of Little Rock, for appellant. Guy E. W......