State v. Newton
Supreme Court of Kansas
Appeal from Barber district court; Preston B. Gillett, judge. STATEMENT. The appellants were tried jointly in the district court of Barber county, were both convicted of murder in the first degree, and jointly appeal to this court.
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Appeal from Barber district court; Preston B. Gillett, judge. STATEMENT. The appellants were tried jointly in the district court of Barber county, were both convicted of murder in the first degree, and jointly appeal to this court. The uncontroverted facts are as follow: The appellants are brothers, Edward Clark Newton being at the time of the occurrence about twenty-one years of age and a large man, and Mark Morris Newton being about seventeen years of age and considerably smaller than his brother. About July 28, 1904, these brothers, who were traveling with a team of horses and wagon,…
1Opinion of the Court
*563The opinion of the court was delivered by
Smith, J.:
The appellants’ first contention is that they cannot be held to answer for the crime of murder on presentment by information; that as citizens of the territory conveyed to the United States by the Louisiana-purchase treaty they are entitled to all the rights and immunities of citizens of the United States under the third article of that treaty. It is further claimed that, under article 5 of the amendments to the constitution of the United States, no person can be held to answer for a capital or otherwise infamous crime unless on a presentment…
2Cases cited4 opinions
- Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
- State v. BarnettSupreme Court of Kansas · 1865
- State v. ClarkSupreme Court of Kansas · 1904
- State v. KittleSupreme Court of Kansas · 1904
3Cited by14 opinions
- Singh v. StateArizona Supreme Court · 1929
- State v. WintersSupreme Court of Kansas · 1909
- Bailey v. HudspethSupreme Court of Kansas · 1948
- State v. TruskettSupreme Court of Kansas · 1911
- State v. HardistySupreme Court of Kansas · 1926
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