Legal Opinion

Jackson v. United States

Court of Appeals for the D.C. Circuit

Decided January 6, 1919No. 3187PublishedCited by 6 opinions

Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in a criminal prosecution for murder. The Court in- the opinion stated the facts as follows: George Jackson, the appellant, was convicted of murder in the second degree and sentenced to tWenty-five years in the penitentiary.

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Hearing on an appeal from a judgment of the Supreme Court of the District of Columbia, on verdict, in a criminal prosecution for murder. The Court in- the opinion stated the facts as follows: George Jackson, the appellant, was convicted of murder in the second degree and sentenced to tWenty-five years in the penitentiary. According to his' own testimony he saw the man Brooks, whom he killed, about 1 o’clock in the morning, standing on a bridge in this city, talking to one Marie Turner. He approached and spoke to the woman. Brooks resented the interference, and made a movement as if to strike…

1Opinion of the CourtChief Justice Smyth

The first request said that if the jury believed “that the defendant began the quarrel with the deceased, with no felonious intent or premeditated purpose of doing' bodily harm or killing, and under reasonable belief of imminent danger inflicted the wound upon Brooks, of which he died, then defendant is not guilty of murder.” In this request there are several vices. We note only a few: It does not state that if the jury believed the defendant not guilty of murder it might find him guilty of a lesser crime. From the request as framed the jury might well have concluded that if they could not…

2Cases cited12 opinions

  1. Maher v. PeopleMichigan Supreme Court · 1862
  2. Allison v. StateSupreme Court of Arkansas · 1905
  3. Henning v. StateIndiana Supreme Court · 1886
  4. Catts v. PhalenSupreme Court of the United States · 1844
  5. State v. GruginSupreme Court of Missouri · 1898

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3Cited by6 opinions

  1. United States v. Aubrey WhartonCourt of Appeals for the D.C. Circuit · 1970
  2. Kinard v. United StatesCourt of Appeals for the D.C. Circuit · 1938
  3. George v. United StatesCourt of Appeals for the D.C. Circuit · 1942
  4. Simcic v. United StatesDistrict of Columbia Court of Appeals · 1952
  5. Thoma v. Kettler Bros., Inc.District of Columbia Court of Appeals · 1993

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