109 Ark. 138 | Ark. | 1913
(after stating the facts).
“Of which said instructions, the court gave the ninth and eleventh, and refused to give any of the others. To the refusal of the court to give instructions numbered 1, 2, 3, 4, 5, 6, 7, 8,10,12,13,15 and 16, as asked by the defendant, the defendant at the time excepted, and asked that his exceptions be noted of record, which was accordingly done.”
The court, on its own motion, gave nineteen instructions, and counsel for the defendant saved the following exceptions to the giving of the said instructions: “To the giving of instructions numbered 1, 2, 3, 4, 5, 6, \7, 8, 10,12,13,14,15, 16,17, 18,19 and 20 by the court, on his own motion, the defendant at the time excepted, and asked that his exceptions be noted of record, which was accordingly done.”
It has been uniformly held by this court that a general exception to certain instructions will not be entertained on appeal, if any of them be good. It is equally well settled that a general exception to the refusal to give several instructions requested collectively will not be considered on appeal, if any of them are bad. Johnson v. State, 84 Ark. 95; Atkins v. Swope, 38 Ark. 528, 539; Geary v. Parker, 65 Ark. 521, 525; Young v. Stevenson, 75 Ark. 181, 183; Matthews v. State, 84 Ark. 73; Owens v. State, 86 Ark. 317, 333; St. Louis, etc. Ry. Co. v. Hambright, 87 Ark. 614, 623. In the application of this rule, without setting out the instructions given and those refused, it may be said that some of the instructions asked by the defendant were argumentative, and others were faulty because they singled out facts, and were properly refused by the court, and it is conceded by the defendant that some of the instructions given by the court were correct.
Neither did the court err in permitting the State to prove by the testimony of members of the coroner’s jury contradictory statements made by witnesses for defendant before the coroner’s jury. Caughron v. State, supra.
"We do not deem it necessary to enter into a further discussion of the evidence, but think it sufficient to say that the evidence supported the verdict of the jury.
The judgment will be affirmed.