State v. Brown
Supreme Court of Kansas
Appeal from Chautauqua District Court. The defendant was tried in April, 1878, upon an information charging him with murder in the first degree in the killing of one John S. Goodwin, in Chautauqua county, on or about the 21st day of September, 1877. Upon the trial, the jury returned a verdict of guilty of murder in the second degree. The court overruled the motion for a new trial, and sentenced the defendant to imprisonment at hard labor for the period of ten years.
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Appeal from Chautauqua District Court. The defendant was tried in April, 1878, upon an information charging him with murder in the first degree in the killing of one John S. Goodwin, in Chautauqua county, on or about the 21st day of September, 1877. Upon the trial, the jury returned a verdict of guilty of murder in the second degree. The court overruled the motion for a new trial, and sentenced the defendant to imprisonment at hard labor for the period of ten years. From this judgment and -sentence the defendant appeals. 1. Did the trial court err in excluding the testimony offered by…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The first error assigned is, that the court excluded the testimony of certain uncommunicated threats ■of the deceased.
It appears the defendant called witnesses on the trial to prove that the deceased said at one time “ he would kill him the first time he saw him;” at another time, “that he didn’t-intend that Brown’s cattle should run near his place;” and again, “that he had a chunk of cold lead for Brown, and would kill him the first time he saw him.” These threats were uttered by the deceased three months before his death,, repeated the…
Also in this document: Concurrence.
2Cases cited3 opinions
- Wiggins v. PeopleSupreme Court of the United States · 1876
- Holler v. StateIndiana Supreme Court · 1871
- State v. SnyderSupreme Court of Kansas · 1878
3Cited by10 opinions
- Little v. United StatesCourt of Appeals for the Tenth Circuit · 1934
- Stager v. HarringtonSupreme Court of Kansas · 1882
- McHugh v. Territory of OklahomaSupreme Court of Oklahoma · 1906
- State v. BleeSupreme Court of Iowa · 1907
- State v. HarringtonSupreme Court of Kansas · 1938
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