allen
argued
decided
december
justice
brown
delivered
opinion
writ
error
judgment
circuit
western
district
arkansas
sentencing
plaintiff
error
death
murder
philip
henson
white
man
cherokee
nation
indian
territory
defendant
tried
convicted
upon
conviction
set
aside
sup
tried
convicted
case
reversed
sup
allen
tried
third
time
convicted
writ
error
sued
facts
fully
set
forth
previous
reports
case
unnecessary
repeat
somewhat
embarrassed
consideration
case
voluminousness
charge
exceptions
taken
thereto
well
absence
brief
part
plaintiff
error
principal
assignments
error
set
forth
record
noticed
opinion
third
assignment
error
taken
certain
language
charge
material
portion
follows
believe
story
narrated
two
erne
boys
testified
witnesses
true
defendant
went
fence
pistol
went
wire
fence
went
wheat
field
philip
henson
met
first
hallooed
placed
pistol
upon
fence
stopped
boys
went
wire
fence
went
struck
first
mouth
left
fist
time
undertook
fire
upon
firing
prevented
action
henson
taking
hold
pistol
went
ground
fired
struck
side
fired
struck
back
state
facts
authorize
say
killing
done
willfully
say
done
malice
aforethought
state
case
true
show
wrongful
act
illegal
act
without
cause
excuse
absence
mitigating
facts
reduce
grade
crime
learned
judge
stating
connection
theory
prosecution
facts
stated
ernes
error
saying
jury
bound
liberty
infer
willfulness
malice
aforethought
fourth
assignment
following
language
find
deliberate
intent
kill
see
whether
man
intent
mind
year
month
day
hour
age
improved
weapons
man
discharge
gun
twinkling
eye
see
man
draw
one
weapons
fire
man
toward
presents
falls
dead
deliberate
intent
kill
manifested
way
act
existence
deliberate
intent
though
may
spring
spur
moment
spring
contemporaneous
shooting
man
act
one
law
claim
manslaughter
act
fact
done
without
cause
excuse
absence
mitigating
facts
precisely
definition
characteristic
murder
known
malice
aforethought
already
told
necessarily
import
special
malevolence
towards
individual
slain
also
includes
case
generally
depraved
wicked
malicious
spirit
heart
regardless
social
duty
mind
deliberately
bent
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says
law
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mind
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time
act
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may
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may
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fact
killing
within
authorities
applied
crime
murder
though
crime
classified
proof
deliberate
premeditation
necessary
constitute
murder
first
degree
cornell
mason
fed
cas
people
clark
whart
hom
whart
cr
law
ed
sixth
assignment
following
language
law
says
power
ascertain
certain
condition
man
mind
best
infer
less
satisfactorily
acts
person
presumed
intend
man
performs
act
known
produce
particular
result
common
experience
presumed
anticipated
result
intended
therefore
right
say
law
says
homicide
committed
weapons
indicating
design
necessary
prove
design
existed
definite
period
fatal
blow
fired
fact
blow
struck
fact
fatal
bullet
fired
right
infer
presumption
fact
blow
intended
prior
striking
although
period
time
inappreciably
distant
nothing
statement
familiar
proposition
every
man
presumed
intend
natural
probable
consequences
act
greenl
ev
reg
jones
car
reg
hill
car
reg
beard
id
people
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wend
eighth
assignment
taken
following
definition
manslaughter
killing
man
unlawfully
willfully
without
malice
aforethought
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aforethought
defined
must
excluded
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act
without
cause
excuse
absence
mitigating
facts
way
show
heart
void
social
duty
mind
fatally
bent
upon
mischief
must
case
driven
case
crime
must
come
statute
must
come
definition
crime
manslaughter
common
law
read
defines
way
tells
little
broader
terms
kind
conditions
springs
speaking
voluntary
manslaughter
says
willful
unlawful
killing
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sudden
quarrel
heat
passion
let
us
see
meant
definition
party
killed
time
killing
must
offer
provocation
produce
certain
condition
mind
character
provocation
recognized
law
sufficient
reduce
grade
crime
murder
manslaughter
produce
mere
words
mere
words
alone
excuse
even
simple
assault
words
offered
time
reduce
grade
killing
murder
manslaughter
must
deceased
philip
henson
case
party
time
character
inflame
mind
party
killing
law
contemplates
act
deliberately
mind
state
passion
heat
passion
incapable
deliberating
error
instruction
well
settled
authorities
mere
words
however
aggravating
sufficient
reduce
crime
murder
manslaughter
com
york
metc
mass
whart
hom
whart
cr
law
ed
ninth
alleged
error
turned
upon
statement
made
circumstances
killing
justifiable
mean
defendant
assaulted
slight
way
kill
man
slight
attack
law
law
proportions
well
law
necessity
danger
deadly
character
may
produce
great
bodily
harm
exercise
deadly
attack
attacked
another
way
denote
purpose
take
away
life
great
bodily
harm
death
permanent
injury
may
follow
case
may
lawfully
kill
assailant
provided
use
means
power
otherwise
save
life
prevent
intended
harm
retreating
far
disabling
without
killing
power
act
coming
assailant
must
deadly
act
act
produce
great
violence
person
proposition
means
act
hurled
created
created
necessity
wrongful
deadly
dangerous
conduct
theatening
life
must
act
avoid
consequences
must
avoid
reasonably
due
regard
safety
clear
establish
case
justifiable
homicide
must
appear
something
ordinary
assault
made
upon
prisoner
must
also
appear
assault
lead
reasonable
person
believe
life
peril
wallace
sup
anything
instruction
prisoner
bound
retreat
far
slaying
assailant
conflicts
ruling
beard
sup
case
assault
upon
defendant
upon
premises
held
obligation
retreat
greater
assailed
house
case
alberty
sup
defendant
found
deceased
trying
obtain
access
wife
chamber
window
nighttime
held
might
repel
attempt
force
obligation
retreat
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attacked
knife
general
duty
retreat
instead
killing
attacked
touched
upon
cases
whart
hom
fourteenth
assignment
following
language
upon
subject
flight
accused
homicide
consider
conduct
time
killing
conduct
afterwards
fled
left
country
sought
avoid
arrest
fact
take
consideration
law
says
unless
satisfactorily
explained
may
explain
upon
theory
say
whether
effort
explain
case
unexplained
law
says
fact
may
taken
account
party
charged
crime
murder
upon
theory
named
upon
existence
monitor
called
conscience
teaches
us
know
whether
right
wrong
given
case
case
hickory
sup
question
weight
given
flight
evidence
guilt
arose
charged
jury
law
recognizes
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saying
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guilt
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alberty
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jury
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tendency
prove
guilt
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authorities
quoted
hickory
case
page
page
sup
tending
establish
proposition
indeed
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jury
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assignment
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instruction
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first
duty
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find
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perjury
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accomplish
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method
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guilty
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ev
state
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williams
russ
crimes
ed
sixteenth
assignment
refusal
charge
jury
probability
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refusal
charge
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met
charge
convict
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evidence
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consideration
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already
charged
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find
defendant
guilty
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party
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way
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subject
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innocence
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repeat
charge
separate
instruction
request
defendant
seventeenth
eighteenth
assignments
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approved
massachusetts
com
tuey
cush
connecticut
state
smith
undoubtedly
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