State v. Hoyt
Supreme Court of Connecticut
Indictment for murder in the first degree, in the Superior Court in Fairfield County. The case was tried to the jury, on the plea of not guilty, before Carpenter and Sanford, Js.
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Indictment for murder in the first degree, in the Superior Court in Fairfield County. The case was tried to the jury, on the plea of not guilty, before Carpenter and Sanford, Js. Upon the trial the Attorney for the State, for the purpose of proving malice, offered the testimony of one Truman Eavreau, who testified that about thirteen years before, in a conversation between the prisoner and himself, the prisoner said that he would like to put a ball through his father’s heart if he thought it would penetrate, but that his heart was so much harder than the ball that he thought it would not…
1Opinion of the CourtPardee, J.
The statute provides that “all murder perpetrated by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing, * * shall be murder in the first degree.” Under this classification actual express malice must be proved in order to constitute murder in the first degree. The proof may be by direct testimony as to the repeated declarations of the accused that he entertained the intent" and would carry it into execution, or it may be that equally satisfactory and convincing proof may be found in acts of preparation with deliberation, in coolness in…
2Cases cited3 opinions
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Andersen v. StateSupreme Court of Connecticut · 1876
- Wade v. De WittTexas Supreme Court · 1857
3Cited by30 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- State v. JoynerSupreme Court of Connecticut · 1993
- Ford v. StateSupreme Court of Alabama · 1882
- State v. LewisNevada Supreme Court · 1889
- State v. VaughanSupreme Court of Connecticut · 1899
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