{
  "id": 1462323,
  "name": "Porchia v. State",
  "name_abbreviation": "Porchia v. State",
  "decision_date": "1938-10-31",
  "docket_number": "Cr. 4100",
  "first_page": "1039",
  "last_page": "1042",
  "citations": [
    {
      "type": "official",
      "cite": "196 Ark. 1039"
    },
    {
      "type": "parallel",
      "cite": "120 S.W.2d 700"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.485,
    "pagerank": {
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    "sha256": "41b5d24df329a6a04a7aa323dcaa0cfe3b77ab7d08ca41392ce1e9dfdfb7b8d9",
    "simhash": "1:4b7df30ea62e4c90",
    "word_count": 1236
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  "last_updated": "2023-07-14T16:57:18.765663+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Porchia v. State."
    ],
    "opinions": [
      {
        "text": "Griffin Smith, C. J.\nAppellant, a negro, was convicted of the crime of murder in the first degree. He admitted having killed Dale. McClurkin, a white man. Arraignment was waived. After a plea of not guilty had been entered and the jury selected, appellant changed such plea to \u201cguilty of murder,\u201d and threw himself upon the mercy of the court.\nAppellant\u2019s victim operated the Palace Lunch Doom in Stevens. The deceased\u2019s daybook was introduced as an exhibit to personal testimony of a state witness. It showed that appellant was indebted to McClurkin in the sum of $1.40, thirty cents of which was for beer purchased April 11, 1938.\nOn the Magnolia road, near the outskirts of Stevens, there is a grocery store and service station, owned by Winston Walker, but operated by George Smith. \u201cShort orders\u201d are served, and there is music and dancing. That part of town is called \u201cNigger Hill.\u201d\nDouglas Morgan, who operates a service station, grocery store, and soft drink stand across the road from Walker\u2019s establishment, testified that MeClurkin came to his place about twelve o \u2019clock\u2019 the night of the killing.\nRussell Lane, state witness, testified that he went to John Morgan\u2019s place about nine o\u2019clock and remained until one o\u2019clock, or half past one, then went to George Smith\u2019s place. H.e said: \u201cWhile I was there. I caught hold of Clayton Porchia\u2019s [appellant\u2019s] arm, and he said, \u2018Turn my arm loose, white folks; I don\u2019t play that way.\u2019 About two o\u2019clock Dale MeClurkin came by to take us home, and passed Clayton Porchia and said, \u2018There\u2019s a boy who owes me some money.\u2019 He got out of his car and walked over to where Clayton was, and Clayton stabbed him. Dale fell back and said, \u2018Boys, he got me.\u2019\u201d\nOn cross-examination the witness testified that he and Ed Landon were either at Morgan\u2019s place or on Nigger Hill from nine o \u2019clock until one o \u2019clock or later, drinking beer and playing the Victrola. MeClurkin drank several bottles of beer with them. Witness left with Landon, walking in the direction of Stevens. MeClurkin, in his ear, picked them up \u201cnear the mill,\u201d and they proceeded \u201cup the highway toward the Magnolia service station.\u201d They then turned and started to MeClurkin\u2019s home. They passed a group of negroes and \u201cstopped in front of them.\u201d\n\u201cQ. Is it not a fact -that MeClurkin stopped the car and. asked the Fields negro if he wanted to ride? A. Yes, sir. Q. He did not want to ride, and you went on to the station and then came back? A. Yes, sir. We went across the bridge and stopped, and that is where it happened. They were all on that street \u2014 Clayton Porchia, the Fields boys, and the Manning negro. We went just a little piece past them; I don\u2019t know how far it was. Q. As a matter of fact, there are just a few things you want to know. A. Yes, sir. Q. You stopped then and got out? A. Yes, sir. Q. You ran after the boy, didn\u2019t you? A. Yes, sir.\u201d\nEd Landon, witness for the state, testified: \u201cI am a farmer and live three miles from Stevens. I was at John Morgan\u2019s place the night of the killing. I saw Clayton Porcbia, Melvin Fields, and \u2018Toots\u2019 Fields leave Morgan\u2019s place about the time I did. I left with \u2018Shorty\u2019 [Lane]. We went down the road and Dale [McClurkin] picked us up in his car. We passed the negroes, then stopped. [McClurkin] asked one of the Fields boys to get in the car. We then went down the street and turned around and came back. Dale said that he was going to wait \u2014 that \u2018 that boy \u2019 owed him some money. We stopped the car and he got out. About that time we heard a racket and struggle. Then Dale ran around the car and staggered and fell. I did not hear either one say a word \u2014it happened right now, about eight feet from the car.\u201d\nBeatrice Johnson, state witness, testified that she was at the negro honky-tonk; that she was in the crowd of negroes that McOlurkin stopped several times, but had turned off a side street before the tragedy occurred.\nAppellant testified that he was 21 years of age and lived with his parents on a farm near Stevens. At Morgan\u2019s place on the night of the tragedy, or at Smith\u2019s place, he saw a girl called Fannie, and also saw MeClurkin, and talked with them. Fannie was McOlurkin\u2019s cook. McOlurkin was with several colored boys, and was giving them some whiskey. Appellant asked for a drink, and was refused. He said: \u2018 \u2018 When the crowd began to break up I caught up with several girls. Fannie was in the crowd. They said they wanted to be alone. Shorty [Lane] came up behind me and caught my arm. I told him not to do that. I was then told not to say anything, because Dale McOlurkin had a gun and would kill me. They told me to go home. As I went, the crowd I was with was overtaken by McOlurkin in his car. He stopped the car, got out, and asked, \u2018Where is that girl?\u2019 He asked Toots to get in the car.....The oar stopped us again, and later on stopped again in front of us. As I approached the car \u2018Shorty\u2019 came up to me and asked where I was going. I told him \u2018home.\u2019 He told me I wasn\u2019t, and fell as if to catch my.feet. At that time Mc-Clurkin knocked me down, and I cut him. I had my knife open because I was afraid of them. I had no malice against them; I knew them and liked them.\u201d\nAppellant concealed himself, following the killing, bnt the next day he sent word to the sheriff, and was taken into custody. '\nThe only question to be determined is whether the appellant\u2019s act was \u201cwilful, deliberate, malicious and premeditated. \u2019 \u2019 If these elements were present, the crime would constitute murder in the first degree.\nThe strongest testimony on behalf of the state is that of Eussell Lane, who says that McClurkin, while driving his car, recognized appellant as one who owed him an account; that McClurkin walked over to where appellant was, and that appellant stabbed him. But the effect of this testimony is considerably changed on cross-examination. MoClurkin\u2019s conduct in passing and repassing the group of negroes is admitted by the witness. McClurkin had been in an environment where his presence was not to have been expected, and no reason for the association is given. McClurkin was drinking beer with Landon and Lane, either at Morgan\u2019s place or\u2019somewhere else on Nigger Hill.\nWhile ordinarily malice is to be implied from the nature of a homicidal transaction and the circumstances attending its commission, yet in the instant case the state\u2019s testimony tends to show that premeditation and deliberation were absent.\nIt is our belief that the ends of justice \u2014 in so far as penalties can satisfy or appease justice \u2014 will be met by a sentence confining appellant in the penitentiary for 21 years.\nThe judgment is so modified; and, as modified, it is affirmed.",
        "type": "majority",
        "author": "Griffin Smith, C. J."
      }
    ],
    "attorneys": [
      "A. L. Brumbelow, for appellant.",
      "Jack Holt, Attorney General, Jno. P. Streepey, Asst. Atty. General, for appellee."
    ],
    "corrections": "",
    "head_matter": "Porchia v. State.\nCr. 4100\n120 S. W. 2d 700.\nOpinion delivered October 31, 1938.\nA. L. Brumbelow, for appellant.\nJack Holt, Attorney General, Jno. P. Streepey, Asst. Atty. General, for appellee."
  },
  "file_name": "1039-01",
  "first_page_order": 1057,
  "last_page_order": 1060
}