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• Title: Oliver v. State
• Author : Supreme Court of Arkansas
• Release Date : January 16, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

The appellant, Harold Oliver, was tried in Union Circuit Court, 1st Division, under an information charging him with the crime
of murder in the first degree, alleged to have been committed by shooting and killing one H. H. Parks. A verdict was returned
finding him guilty of murder in the second degree, and fixing his punishment at twenty-one years in the penitentiary, and
from the judgment pronounced on that verdict is this appeal. For reversal of the judgment, the appellant lists the following points: (1) the evidence is insufficient to support the verdict;
(2) the court erred in giving State's instruction No. 7 1/2; and, (3) the court erred in permitting the State to introduce
the State's exhibit No. 7; also State's exhibits Nos. 8, 9, 3, 2, 12, and 10. Jerry, Paul Martin and Harry Stevenson, were
playing dominoes and drinking beer in the store of H. H. Parks, the victim, After playing four games, Martin had to leave,
breading up the domino game. Gene Jerry then bought a beer for himself, Oliver and Stevenson. Oliver then sat down at the
counter directly in front of the stores cash register. Harry Stevenson was sitting on the next stool beside Oliver while Parks
was standing behind the counter. J. C. Ward then entered the store and after inquiry Ward told Oliver that he would sell him
some fish for twenty-five (25) cents per pound. Parks then said, "That is a devil of a note, me trying to sell them for fifty
(50) cents dressed and you selling them (fish) [225 Ark Page 811] for twenty-five (25) cents in the rough." Oliver said,
"Well, you don't blame me for trying to buy them as cheap as I can, do you?" Parks answered, "No." Shortly thereafter, Felton
Haynes entered the store and Parks made an inquiry as to why his son-in-law had not brought him some fish as he had promised
and Oliver interjected, "A man can't always do what he says about fish." Parks told Oliver, "I wasn't talking to you, and
it is not any of your business." After Haynes left, Parks told Oliver that he should tend to his own business and not butt
into his conversations with other people. Oliver then cursed Parks, who replied, "there was not but one man that ever called
me that and got away with it and that was my daddy and he held a gun on me." Oliver reached up and removed a "no credit" sign
from the top of the cash register. Parks then reached for a drawer behind the cash register and Oliver stood up, pulled a
pistol and fired twice at Parks. Parks then ran to the end of the counter and Oliver moved in the same direction and emptied
his gun into Parks. The evidence does not reflect whether Parks died immediately or a few minutes thereafter. Two witnesses,
Harry F. Stevenson and Gene Jerry, testified that they did not sec a gun in Parks' hand at anytime. Deputy Sheriff Kinard
found only one pistol in the store and that one was on the floor under the counter, behind a five-gallon can.

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