State v. Bowen
Supreme Court of Kansas
Appeal from Wilson District Cowrt. Information for murder — the information charging that Bowen, “at the county of Wilson, on the 10th of October 1874, with a double-edged dagger or stiletto, purposely and maliciously did inflict two mortal wounds in and upon the side and abdomen of one John Hoppeler, then and there being, of which said two mortal wounds the said John Hoppeler afterward, and on the 13th of October 1874, died.” Plea, not guilty.
Read the full summary
Appeal from Wilson District Cowrt. Information for murder — the information charging that Bowen, “at the county of Wilson, on the 10th of October 1874, with a double-edged dagger or stiletto, purposely and maliciously did inflict two mortal wounds in and upon the side and abdomen of one John Hoppeler, then and there being, of which said two mortal wounds the said John Hoppeler afterward, and on the 13th of October 1874, died.” Plea, not guilty. There were two trials — the first at the November Term 1875, at which a verdict was set aside and a new trial granted. A second trial was had at the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Appellant was convicted of manslaughter in the fourth degree, under an information charging murder in the second degree; and from such conviction brings this appeal. Three questions are presented.
*4771. verdict to be construed as a whole. *476I. Two trials were had. Upon the first, the jury returned the verdict, “We the jury find the defendant not guilty in manner and form as charged in the information, but do find him guilty of manslaughter in the second degree.” Upon this defendant moved to be discharged, on the ground that, as murder includes all…
2Cases cited3 opinions
- Commonwealth v. MacloonMassachusetts Supreme Judicial Court · 1869
- Tyler v. PeopleMichigan Supreme Court · 1860
- People v. GillCalifornia Supreme Court · 1856
3Cited by47 opinions
- McNish v. StateSupreme Court of Florida · 1904
- State v. DoyleSupreme Court of Kansas · 1968
- State v. JensenSupreme Court of Kansas · 1966
- Withaup v. United StatesCourt of Appeals for the Eighth Circuit · 1903
- Crelly v. Missouri & Kansas Telephone Co.Supreme Court of Kansas · 1911
42 more not listed; retrieve them via the Exa API.