Bull v. Commonwealth
Supreme Court of Virginia
At the April term 1857 of the Circuit court of the city of Richmond, Henry Bull and Thomas H. Haley were jointly indicted for the murder of Robert B. Farquhar. The indictment charged that they did then and there feloniously and unlawfully, willfully, and of their malice aforethought, violently and cruelly, with their hands, fists and feet, beat, choke, strike and kick the said Robert B. Farquhar, &c. &c.; but it omitted the word “ deliberately.”
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At the April term 1857 of the Circuit court of the city of Richmond, Henry Bull and Thomas H. Haley were jointly indicted for the murder of Robert B. Farquhar. The indictment charged that they did then and there feloniously and unlawfully, willfully, and of their malice aforethought, violently and cruelly, with their hands, fists and feet, beat, choke, strike and kick the said Robert B. Farquhar, &c. &c.; but it omitted the word “ deliberately.” When the prisoners were brought to the bar, they demurred to the indictment; but their demurrer was overruled. They then pleaded “not guilty;” and…
1Opinion of the CourtMoncure, J.
The only question which seems to be raised, or intended to be raised by the demurrer, is, Whether, in an indictment for murder, the offence should be described in the terms used in the statute defining murder in the first degree. This identical question was raised by the demurrer to the indictment in Livingston’s Case, decided during the present term of this court, supra. 592; and it is only necessary to refer to the opinion delivered by Judge Daniel in that case, for the reasons of the court for sustaining the judgment of the Circuit court in overruling the demurrer in this case.
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2Cases cited5 opinions
- Brotton v. LangertWashington Supreme Court · 1890
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Vaiden v. CommonwealthSupreme Court of Virginia · 1855
- Koiner v. Rankin's heirsSupreme Court of Virginia · 1854
- Shobe v. BellSupreme Court of Virginia · 1822