Legal Opinion

State v. Rogers

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 9 opinions

Appeal from DieJcinson District Court. Rogers was charged by information with murder for killing one Leggett. He was tried at the September Term 1876> of the district court, and convicted, and seiitenced to imprisonment in the penitentiary for ten years. He now brings the case here by appeal, alleging error in refusing instructions asked by his counsel. The instructions refused, and the facts, are stated in the opinion.

1Opinion of the Court

*79The opinion of the court was delivered by

Horton, C. J.:

The appellant was charged by information with murder in the first degree in killing John Leggett, and upon trial was found guilty of murder in the second degree, and sentenced to the penitentiary for ten years. From that conviction and sentence he has appealed to this court. The single error assigned is the refusal of the court below to give the following instructions:

“If the jury find from the evidence that the defendant, in an altercation between them, commenced by the defendant, struck the said Leggett with his hand, with no purpose or…

2Cases cited4 opinions

  1. State v. StarrSupreme Court of Missouri · 1866
  2. Adams v. PeopleIllinois Supreme Court · 1868
  3. Haynes v. StateSupreme Court of Georgia · 1855
  4. Vaiden v. CommonwealthSupreme Court of Virginia · 1855

3Cited by9 opinions

  1. State v. CorchadoSupreme Court of Connecticut · 1982
  2. State v. ShockleyUtah Supreme Court · 1905
  3. State v. KelloggSupreme Court of Louisiana · 1900
  4. State v. SchroederSupreme Court of Kansas · 1918
  5. State of Kansas v. YeaterSupreme Court of Kansas · 1915

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