Public-domain · open source
OpenJurist

77 Ark. 334

Hudson v. State

Supreme Court of Arkansas

Decided December 23, 1905

Supreme Court of Arkansas · decided 1905-12-23

Evans, Judge; STATEMENT BY THE COURT. The defendant, John Hudson, was indicted by the grand jury of Crawford County for the crime of murder in the second degree for killing John Colvard by shooting him with a pistol. On the trial the evidence showed that Hudson and John Colvard lived in the same house. They were both young men. Colvard was married, and Hudson was boarding with him. In October, 1904, they went in a wagon with one Steele to Alma.

Cited by 5 later decisions — most recently June 1979

5 state decisions

Relies on Vaughan v. State · Hamilton v. State · Jones v. State

Good law ✅— No negative treatment on recordhow we know

affirmed · Decided 1905-12-23

View the full empirical analysis of this case →

Riddick, J.,

¶1(after stating the facts.) This is an appeal by defendant Hudson from a judgment convicting him of manslaughter. While the killing of Colvard was the result of a drunken quarrel, in which he and defendant engaged, it is clear that the killing was not justifiable, and defendant was guilty of either manslaughter or murder. The instructions given by the court fully and fairly covered the law of the case. The instruction in reference to the testimony of the defendant follows very closely the law as stated by this court in Hamilton v. State, 62 Ark. 543. Beginning with the case of Vaughan v. State, 58 Ark. 353, this court has repeatedly held that it was within, the discretion of a presiding judge to give such an instruction, when the defendant took the stand in his own behalf. Vaughan v. State, 58 Ark. 353; Jones v. State, 61 Ark. 88; Hamilton v. State, 62 Ark. 543.

¶2We have not had the assistance of a brief by counsel for the defendant, but, after consideration of the' transcript, we find no reversible error, and the judgment is affirmed.

/77/ark/334 · .json · Public domain