Sunday, November 17, 2013

Griffin v. State case brief

Griffin v. State case brief summary
455 S.W.2d 882 (Ark. 1970)

Defendant appealed his conviction for assisting in the assault of an officer in violation of Ark. Stat. Ann. § 41-2802.1 (Supp. 1969) by a jury in the Miller Circuit Court (Arkansas).

Defendant's automobile overturned in a ditch. The police were called. Two officers arrived at the scene and saw a crowd of people gathered there. One officer asked who was driving the vehicle. Defendant stepped forward and said that he was the driver. He then told the officer that he was not scared and challenged the officer to take him. Defendant started toward the officer with his fists raised. The officer sprayed defendant with chemical mace, to no avail. Defendant started hitting the officer and a group of young, black males swarmed the officer. The officer, feeling he and his companion were about to be killed, drew his weapon and shot defendant. Defendant was convicted of assisting in the assault of the officer in violation of Ark. Stat. Ann. § 41-2802.1 (Supp. 1969).

  • On appeal, the court affirmed and held that defendant and the other parties involved in the assault did so with a common intent and object pursuant to a common plan. 
  • It was not necessary for the unlawful combination or conspiracy to assault the officer be shown by direct evidence; the circumstances surrounding the attack were sufficient for the jury to make reasonable inferences and thereby convict defendant.

The court affirmed defendant's conviction for assisting in the assault of an officer.

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