Legal Opinion

Bryant v. State

Wyoming Supreme Court

Decided January 26, 1898PublishedCited by 16 opinions

Error to the District Court for Fremont County, Hon. Jesse Knight, Judge. William F. Bryant was convicted of the crime of assault with intent to commit murder, and sentenced to ten years in the penitentiary. He prosecuted error. The case is stated in the opinion. If the information does not state facts sufficiently to describe a crime, the question of its sufficiency can be raised for the first time on error, though the petition in error does not raise the question.

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Error to the District Court for Fremont County, Hon. Jesse Knight, Judge. William F. Bryant was convicted of the crime of assault with intent to commit murder, and sentenced to ten years in the penitentiary. He prosecuted error. The case is stated in the opinion. If the information does not state facts sufficiently to describe a crime, the question of its sufficiency can be raised for the first time on error, though the petition in error does not raise the question. The gravamen of the crime exists, not in the assault but in the intent. (U. S. v. Fox, 5 Otto, 610.) An attempt must be…

1Opinion of the Court

Pottee, Chief Justice.

The information charged plaintiff in error with having unlawfully, felonously, purposely, and with premeditated *314malice, perpetrated an assault upon one Frankie Me Vay with intent to commit murder in the first degree. The crime charged is defined by Section 18 of the Crimes Act of 1890, as follows:

“Whoever perpetrates an assault, or an assault and battery, upon any human being with intent to commit a felony, shall be imprisoned in the penitentiary not more than fourteen years.”

The merest suggestion is made in the brief of counsel for plaintiff in error, that the…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Tway v. StateWyoming Supreme Court · 1897
  2. Carter v. TerritoryWyoming Supreme Court · 1888

3Cited by16 opinions

  1. State v. FouquetteNevada Supreme Court · 1950
  2. Stuebgen v. StateWyoming Supreme Court · 1976
  3. Ross v. StateWyoming Supreme Court · 1908
  4. Loy v. StateWyoming Supreme Court · 1919
  5. Richey v. StateWyoming Supreme Court · 1921

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