Foley v. State
Wyoming Supreme Court
Error to the District Court, Carbon County, Hon. Richard H. Scott, Judge of First Judicial District, presiding. The plaintiff in error, M. W. Foley, was informed against for murder in the first degree in the County of Uinta. Change of venue was taken to Carbon County, and after the case was removed to Carbon County a change of judg'e was applied for and granted. Hon. Richard H. Scott of the First Judicial District was called in to try the case.
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Error to the District Court, Carbon County, Hon. Richard H. Scott, Judge of First Judicial District, presiding. The plaintiff in error, M. W. Foley, was informed against for murder in the first degree in the County of Uinta. Change of venue was taken to Carbon County, and after the case was removed to Carbon County a change of judg'e was applied for and granted. Hon. Richard H. Scott of the First Judicial District was called in to try the case. The case came on for trial in June, and was tried by jury regularly empaneled, which jury disagreed and was discharged by the court. The case was…
1Opinion of the Court
Corn, Chief Justice.
The plaintiff in error was tried by a jury and found guilty of murder in the second degree. The bill of exceptions does not contain all the evidence, but it appears that what the defense relied upon was that the defendant shot the deceased in necessary self-defense.
Among the errors assigned is the giving to the jury, over the objection of the defendant, the following instruction upon request of the prosecution:
“Under certain defined circumstances, the laws of God and man give the right to take life in self-defense.
When a person in the lawful pursuit of his business, and…
2Cases cited10 opinions
- State v. WilsonSupreme Court of Kansas · 1880
- Binns v. StateIndiana Supreme Court · 1874
- Mose v. StateSupreme Court of Alabama · 1860
- State v. VansantSupreme Court of Missouri · 1883
- State v. WoodSupreme Court of Vermont · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rosencrance v. StateWyoming Supreme Court · 1925
- Pensacola Electric Co. v. BissettSupreme Court of Florida · 1910
- State v. RogersIdaho Supreme Court · 1917
- Smith v. StateWyoming Supreme Court · 1989
- State v. KumpWyoming Supreme Court · 1956
9 more not listed; retrieve them via the Exa API.