Legal Opinion

Roberts v. United States

Court of Appeals for the Fifth Circuit

Decided December 14, 1903No. 1,256PublishedCited by 10 opinions

In Error to the Circuit Court of the United States for the Eastern District of Texas. Roberts was indicted for murder, and convicted of manslaughter.

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In Error to the Circuit Court of the United States for the Eastern District of Texas. Roberts was indicted for murder, and convicted of manslaughter. The bill of exceptions shows: “That on the trial of this cause the following facts were adduced by the government: The deceased, Henry Hyler, and his son A. Y. Hyler had resided at and near Perry, Oklahoma, for about 15 months prior to October 4, 1894, on which date, between 10 and 11 o’clock a. m., they and their respective wives, and Mrs. J. O. Bryant, a daughter of the deceased, left Perry, en route for Dallas, Texas. About ten days prior to…

1Opinion of the Court

PARDEE, Circuit Judge.

Section 5341, Rev. St. U. S. [U. S. Comp. St. 1901, p. 3628], reads:

“Manslaughter. Every person who, within any of the places or upon any of the waters described in section fifty-three hundred and thirty-nine, unlawfully and willfully, but without malice, strikes, stabs, wounds, or shoots at, or otherwise injures another, of which striking, stabbing, wounding, shooting, or other injury such other person dies, either on land or sea, within or without the United States, is guilty of the crime of manslaughter.”

All the questions raised in the court below and assigned as…

2Cases cited10 opinions

  1. Potter v. United StatesSupreme Court of the United States · 1894
  2. Felton v. United StatesSupreme Court of the United States · 1877
  3. Spurr v. United StatesSupreme Court of the United States · 1899
  4. State v. PrestonWisconsin Supreme Court · 1874
  5. McManus v. StateSupreme Court of Alabama · 1860

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3Cited by10 opinions

  1. Harding v. StateArizona Supreme Court · 1924
  2. People v. JohnsonCalifornia Court of Appeal · 1936
  3. El Pueblo de Puerto Rico v. BermúdezSupreme Court of Puerto Rico · 1954
  4. O'Barr v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
  5. County Canvassing Board of Primary Elections v. LesterSupreme Court of Florida · 1928

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