State v. Scarlett
Supreme Court of Kansas
Appeal from Finney District Court. Son. Wm. Easton Sutehison, Judge. The information in this case contains two counts. The first charges the defendant with haying assaulted and stabbed R. P. Ross, with a deadly weapon, on purpose and of malice aforethought, with intent to kill him. The second count charges that he unlawfully and feloniously assaulted said Ross and stabbed him with a knife — a deadly weapon — whereby said Ross was wounded and received great bodily harm.
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Appeal from Finney District Court. Son. Wm. Easton Sutehison, Judge. The information in this case contains two counts. The first charges the defendant with haying assaulted and stabbed R. P. Ross, with a deadly weapon, on purpose and of malice aforethought, with intent to kill him. The second count charges that he unlawfully and feloniously assaulted said Ross and stabbed him with a knife — a deadly weapon — whereby said Ross was wounded and received great bodily harm. The jury returned the following verdict: “We, the jury, empaneled and sworn in the above-entitled cause, do upon our oaths…
1Opinion of the CourtAllen, J.
Although there are 11 assignments of error it is only necessary to consider the last one, as that compels a reversal of the judgment. Section 239 of the Code of Criminal Procedure reads as follows :
“Upon the trial of any indictment or information for any offense, where by law there may be conviction *254of different degrees of such offense, the jury, if they convict the defendant, shall specify in their verdict of what degree of the offense they find the defendant guilty.”
The second count of the information was drawn under section 42 of the Act Regulating Grimes and. Punishments, and while…
2Cases cited2 opinions
- State v. AdamsSupreme Court of Kansas · 1878
- Guy v. StateSupreme Court of Kansas · 1863
3Cited by6 opinions
- State v. IrelandSupreme Court of Kansas · 1905
- State v. O'SheaSupreme Court of Kansas · 1898
- McLane v. TerritoryArizona Supreme Court · 1903
- In re HigginsSupreme Court of Kansas · 1915
- State v. BoyleSupreme Court of Kansas · 1924
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