Abbott v. State

Supreme Court of Arkansas

Abbott v. State

91 S.W. 754, 77 Ark. 337, 1905 Ark. LEXIS 205

DecidedDecember 23, 1905

StatusPublished

This text of 91 S.W. 754 (Abbott v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abbott v. State, 91 S.W. 754, 77 Ark. 337, 1905 Ark. LEXIS 205 (Ark. 1905).

Pincite

Opinion

Wood, J.

The appellant was convicted of an assault with intent to kill, and sentenced to one year in the penitentiary. The indictment charged that appellant made the assault “unlawfully, willfully, feloniously, and with malice aforethought with the felonious intent to kill and murder.” That was sufficient. Dillard v. State, 65 Ark. 404.

The instruction which gave the jury the maximum punishment to be assessed in case of conviction, but which failed to name the minimum punishment, was not prejudicial, since the jury assessed the lowest punishment.

There was no error in the law of the case as given by the court, and the proof was ample to sustain the verdict.

Affirm.

Free access — add to your briefcase to read the full text and ask questions with AI