State v. White
Supreme Court of Kansas
Appeal from Allen Distriot Court. Information charging that defendant Whitej “ on the 13th of September 1874, at the county of Allen, with force and arms, in and upon the body of one James Black, then and there being, feloniously did make an assault on him the said James Black, with a certain pistol loaded with powder, ball, and cap, which he the said George W. White in his hand then and there held, the said pistol being a deadly weapon, feloniously did shoot, and wound,…
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Appeal from Allen Distriot Court. Information charging that defendant Whitej “ on the 13th of September 1874, at the county of Allen, with force and arms, in and upon the body of one James Black, then and there being, feloniously did make an assault on him the said James Black, with a certain pistol loaded with powder, ball, and cap, which he the said George W. White in his hand then and there held, the said pistol being a deadly weapon, feloniously did shoot, and wound, with intent him the said James Black then and there feloniously and willfully to kill.” Plea, not guilty. Trial at the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
1. Information. pleading. 2 Description of offense. Defendant was óonvicted of an assault with intent to kill, and brings his case here by appeal. The questions presented are on the sufficiency of the information, and the instructions upon the effect of intoxication. The information charged that the defendant did feloniously make an assault, and feloniously did shoot and wound, with the intent feloniously and willfully to kill. It did not in the language of §38 of the crimes act charge that defendant “on purpose and of malice aforethought”…
2Cases cited2 opinions
- Smith v. StateSupreme Court of Kansas · 1863
- Millar v. StateSupreme Court of Kansas · 1863
3Cited by23 opinions
- State v. RumbleSupreme Court of Kansas · 1909
- State v. HardenSupreme Court of Kansas · 1971
- State v. DonahueSupreme Court of Kansas · 1966
- State v. FosterSupreme Court of Kansas · 1883
- State v. HazenSupreme Court of Kansas · 1946
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