Hill v. People
Supreme Court of Colorado
Error to District Court, Arapahoe County. The indictment was in the common-law form for murder. At the trial, James Whitsell testified: That an altercation occurred between the prisoner and the deceased, Elija Williams, at a saloon in Denver, on the evening of the 15th of July, in which harsh words were used but no blows were struck; the prisoner went away and returned after an absence of half or three quarters of an hour with a pistol; that prisoner said to deceased, “you…
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Error to District Court, Arapahoe County. The indictment was in the common-law form for murder. At the trial, James Whitsell testified: That an altercation occurred between the prisoner and the deceased, Elija Williams, at a saloon in Denver, on the evening of the 15th of July, in which harsh words were used but no blows were struck; the prisoner went away and returned after an absence of half or three quarters of an hour with a pistol; that prisoner said to deceased, “you d-dblack s—nofa b-ch, I am ready for you now; ” that one George Lyon ■seized Hill, and a struggle ensued in which…
1Opinion of the CourtHallett, C. J.
The act of 1870, which provides that the crime of murder shall not be capitally punished, unless the jury trying the case shall indicate in their verdict that the killing was deliberate or premeditated or done in the perpetration or attempt to perpetrate a felony, is peculiarin form, but in many respects substantially the same as the law of several States upon the same subject.
As early as 1794, in Pennsylvania, it was enacted that:
‘ ‘ All murder which shall be perpetrated by means of poison or lying in wait, or by any other kind of willful, deliberate and premeditated killing, or which shall…
2Cases cited5 opinions
- People v. SanchezCalifornia Supreme Court · 1864
- People v. PotterMichigan Supreme Court · 1858
- State v. GillickSupreme Court of Iowa · 1858
- Remington v. NobleSupreme Court of Connecticut · 1849
- State v. McCluerNevada Supreme Court · 1869
3Cited by16 opinions
- People v. BartowsheskiSupreme Court of Colorado · 1983
- People v. MadsonSupreme Court of Colorado · 1981
- Babcock v. PeopleSupreme Court of Colorado · 1889
- Kent v. the PeopleSupreme Court of Colorado · 1885
- Van Houton v. PeopleSupreme Court of Colorado · 1895
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