Ivey v. State
Wyoming Supreme Court
ERROR to the District Court, Carbon County; ITon. Y. J. Tidiiall, Judge. Charles Ivey was prosecuted upon a charge of assault and 'battery with intent to commit murder in the second degree and convicted of assault and battery with intent to commit manslaughter and he brings error. The material facts are stated in the opinion. The juror M. A. Skinner in his voir dire stated falsely that he had not expressed an opinion.
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ERROR to the District Court, Carbon County; ITon. Y. J. Tidiiall, Judge. Charles Ivey was prosecuted upon a charge of assault and 'battery with intent to commit murder in the second degree and convicted of assault and battery with intent to commit manslaughter and he brings error. The material facts are stated in the opinion. The juror M. A. Skinner in his voir dire stated falsely that he had not expressed an opinion. It was discovered after verdict that he had expressed bias and prejudice against defendant. This was a sufficient ground for a new trial. (12 Cyc. 716 and cases under note 14.)…
1Opinion of the Court
Scott, Justice.
An information was filed in the office of the clerk of the district court of Carbon County charging Charles Ivey as' defendant, and who will be so designated here, with the crime of assault and battery with intent to commit murder in the second degree. Upon the trial the jury returned a verdict of guilty of assault and battery with intent to commit manslaughter. Judgment was pronounced 011 the verdict and the defendant brings error.
1. It is here contended that there can be no such thing under the law of this state as an assault or assault and battery with intent to commit…
2Cases cited5 opinions
- Roberts v. PeopleMichigan Supreme Court · 1870
- Brantley v. StateWyoming Supreme Court · 1900
- State v. HeffernanSouth Dakota Supreme Court · 1908
- Bryant v. StateWyoming Supreme Court · 1898
- Meldrum v. StateWyoming Supreme Court · 1915
3Cited by15 opinions
- State v. KefferWyoming Supreme Court · 1993
- Jahnke v. StateWyoming Supreme Court · 1984
- Fuller v. StateWyoming Supreme Court · 1977
- Stuebgen v. StateWyoming Supreme Court · 1976
- McBride v. StateAlaska Supreme Court · 1962
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