{
  "id": 1499161,
  "name": "Abbott v. State",
  "name_abbreviation": "Abbott v. State",
  "decision_date": "1905-12-23",
  "docket_number": "",
  "first_page": "337",
  "last_page": "337",
  "citations": [
    {
      "type": "official",
      "cite": "77 Ark. 337"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "65 Ark. 404",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        609241
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/65/0404-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 107,
    "char_count": 1485,
    "ocr_confidence": 0.674,
    "pagerank": {
      "raw": 8.138363859351186e-08,
      "percentile": 0.474187298178388
    },
    "sha256": "52f04d127767a980e7ba904125a01e4f6cd0528d130ed36bf22e34f7662ea764",
    "simhash": "1:2adb917458f115bc",
    "word_count": 237
  },
  "last_updated": "2023-07-14T17:07:56.426688+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Abbott v. State."
    ],
    "opinions": [
      {
        "text": "Wood, J.\nThe 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 \u201cunlawfully, willfully, feloniously, and with malice aforethought with the felonious intent to kill and murder.\u201d That was sufficient. Dillard v. State, 65 Ark. 404.\nThe 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.\nThere was no error in the law of the case as given by the court, and the proof was ample to sustain the verdict.\nAffirm.",
        "type": "majority",
        "author": "Wood, J."
      }
    ],
    "attorneys": [
      "Robert L. Rogers, Attorney General, for appellee"
    ],
    "corrections": "",
    "head_matter": "Abbott v. State.\nOpinion delivered December 23, 1905.\n1. Assault with intent to kill \u2014 indictment.\u2014An indictment for assault with intent to kill which alleges that the assault was made \u201cunlawfully, willfully, feloniously, and with malice aforethought with the felonious intent to kill and murder\u201d is sufficient. (Page 337.)\n2. Instruction \u2014 prejudice.-\u2014An instruction in a criminal case which stated to the jury the maximum punishment to be assessed in case of conviction, but failed to name the minimum punishment, was not prejudicial if the jury assessed the lowest punishment. (Page 337.)\nAppeal from Clark Circuit Court; Joel D. Conway, Judge;\naffirmed.\nRobert L. Rogers, Attorney General, for appellee\nInstruction No. 3 was not prejudicial. The jury awarded the minimum punishment. Kirby\u2019s Digest, \u00a7 1588."
  },
  "file_name": "0337-01",
  "first_page_order": 359,
  "last_page_order": 359
}