Gilmore v. State

Decided November 8, 1909

Supreme Court of Arkansas · decided 1909-11-08

Steel, Judge; STATEMENT BY THE COURT. The appellant was indicted for voluntary manslaughter, was convicted of involuntary manslaughter, and sentenced to seven months’ imprisonment in the penitentiary. He appeals to this court. In October, 1907, appellant and several others, including Nick White, were in a wagon going from DeQueen to Ultima Thule. Appellant and White had a fight.

Cited by 4 later decisions — most recently February 1944

4 state decisions

Good law ✅— No negative treatment on recordhow we know

affirmed · Decided 1909-11-08

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Wood, J.,

¶1(after stating the facts). There was evidence to warrant the jury in finding that the blows given White by appellant caused him to fall from the wagon and under the wheel that passed over his body, and that these blows contributed directly to produce the death of White.

¶2We find no error in the instructions. Number 1 was a copy of section 1779, Kirby’s Digest, and proper to be given in such cases. Number 12 announced a correct principle, applicable to the facts here, and likewise number 4 as modified. These with other instructions presented the law of the case to the jury. There was no error in the trial. Let the judgment be affirmed.