Holland v. State

Citations: 246 Ark. 1119; 442 S.W.2d 218; 1969 Ark. LEXIS 1352Docket: 5-5415

Court: Supreme Court of Arkansas; June 2, 1969; Arkansas; State Supreme Court

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Ray Holland appeals his conviction for assault with intent to kill, which was determined by the Washington County Circuit Court, resulting in a five-year prison sentence, with three years deferred for good behavior. The appeal presents six points, but only the sufficiency of the evidence is considered due to the failure to preserve other alleged errors in the motion for a new trial. 

The case involves a history of conflict between Holland and his ex-wife, Hazel Lawson, who had obtained a restraining order against him. On October 10, 1968, Holland was seen outside the Lawson residence, taking license plate numbers. Upon being confronted by Hazel, he responded with a threat. Shortly thereafter, Hazel observed her husband, Kenneth Lawson, lying bloodied on the ground after an altercation. 

Witness Hershel Rogers observed Holland and Lawson engage in a physical confrontation, with Lawson appearing to be losing the fight before running away, bloodied. After the incident, police were alerted, and upon their arrival, they found Holland at the station, where he admitted to cutting Lawson with a knife, which was later recovered and found to have blood stains. Kenneth Lawson testified that he approached Holland to inquire about his previous stalking behavior, but Holland immediately threatened him and attacked with a knife.

The witness testified that he did not possess a weapon and managed to escape from the appellant, denying any intention to pursue Holland. Dr. John W. Vinzant provided medical testimony regarding Lawson's injuries, detailing multiple stab wounds: seven in total, with two severe and one penetrating the thoracic cage, causing significant damage to a rib, diaphragm, and liver. The doctor noted that the force used in the attack was considerable, with the most serious wound measuring approximately 2.5 inches in length and penetrating through the chest wall, allowing access to the heart and lung. Lawson was in critical condition, requiring hospitalization for nine days due to a collapsed lung and severe injuries.

Holland explained his actions, stating he was documenting license plates out of curiosity, when Hazel emerged from the house and confronted him. He felt followed by Lawson and, upon stopping, observed Lawson reaching for something in his car, prompting Holland to draw his knife. Holland claimed Lawson attacked him first, leading him to defend himself. He maintained he bore no ill will towards Lawson, only concern for the children involved, and suggested he could have killed Lawson if he had desired to. The court, acting as a jury, did not accept Holland's self-defense claim. It referenced legal precedent indicating that while intent to kill must be proven, it can be inferred from the circumstances of the assault, particularly through the use of a deadly weapon in a manner suggesting intent to cause death or serious harm.

The intent to kill may be inferred based on several factors, including the weapon's character and usage, the assault's manner and violence, the nature and location of wounds, the relationship between the parties, and any statements made by the defendant. In this case, substantial evidence supported the verdict against Holland, who initiated the attack by pulling out a knife without verifying if Lawson was armed. Holland's aggressive actions, including multiple knife strikes, indicated a clear intent to kill, evidenced by the severe injuries inflicted on Lawson, such as a severed rib, a penetrated diaphragm, a lacerated liver, and a collapsed lung. The court found the evidence sufficient to uphold the judgment. Additionally, while Holland made a statement at the police station, it was not admitted into evidence due to being unsigned. There were questions regarding Holland's expression of whether Lawson was dead, which he vaguely recalled but did not confirm. The reference to "children" pertains to Mrs. Lawson’s daughters from a previous marriage, whom Holland adopted.