Legal Opinion

State v. Fisher

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 5 opinions

Appeal from Atchison District Oowrt. Eisher was charged by information with having “ on purpose, and of malice aforethought,” wounded one J. A. E., by shooting at said J. A. E. with a loaded revolver, a deadly weapon, with intent to kill him. Plea, not guilty.

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Appeal from Atchison District Oowrt. Eisher was charged by information with having “ on purpose, and of malice aforethought,” wounded one J. A. E., by shooting at said J. A. E. with a loaded revolver, a deadly weapon, with intent to kill him. Plea, not guilty. The case was tried at the March Term, 1871. The jury returned a verdict as follows: “We the jury find the defendant guilty of wounding J. A. E. in the manner charged, under circumstsnces which would have constituted manslaughter in the fourth degree if death had ensued from said wounding.” New trial refused, and defendant was sentenced…

1Opinion of the Court

The opinion of the court was delivered by

Yalentine, J.:

This was an action on a criminal information in the district court of Atchison county. The defendant was tried, convicted, and sentenced, and the only error complained of is the sentence of the court below.

The information charged, among other things, in substance that on the 5th day of January, 1871, the defendant Joseph Eisher, assaulted and wounded one James A. Eisher with a deadly weapon, a loaded revolver, by shooting at said James A. Eisher with the intent to hill him, and that ah this was done on purpose, and with malice…

2Cited by5 opinions

  1. State v. RynoSupreme Court of Kansas · 1904
  2. State v. BurwellSupreme Court of Kansas · 1885
  3. State v. DouglasSupreme Court of Kansas · 1894
  4. State v. McCulloughSupreme Court of Kansas · 1915
  5. State v. LanamSupreme Court of Kansas · 1934

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