Legal Opinion

State v. Phinney

Idaho Supreme Court

Decided April 18, 1907PublishedCited by 23 opinions

APPEAL from tlie District. Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Defendant was informed against by the prosecuting attorney, charged with the crime of murder in the first degree, committed by the administration of poison. Defendant was convicted of the crime of manslaughter and appealed from the judgment and an order denying his motion for a new trial.

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APPEAL from tlie District. Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Defendant was informed against by the prosecuting attorney, charged with the crime of murder in the first degree, committed by the administration of poison. Defendant was convicted of the crime of manslaughter and appealed from the judgment and an order denying his motion for a new trial. Section 6562, Revised Statutes, dividing the crime of murder into two degrees, has been repeatedly construed by the supreme court of California. “Where the case comes within either of these…

1Opinion of the CourtAilshie, C. J.

The defendant was prosecuted upon in- ’ formation, charged with the crime of murder committed by *311the administration of poison. The information charged that the defendant “injected into the body and blood of the said Jeff Letton, by means of a certain hypodermic syringe, and needle, a certain deadly drug and poison, to wit, morphine, from the effects of which said poison injected and administered into his body as aforesaid, the said Jeff Letton did languish, and languishing, afterward on the sixth day of July, 1906, did die.”

Upon the trial it appeared that while Letton was in a drunken sleep…

2Cases cited7 opinions

  1. Commonwealth v. JonesGeneral Court of Virginia · 1829
  2. State v. AlcornIdaho Supreme Court · 1901
  3. State v. LindseyNevada Supreme Court · 1885
  4. State v. GreerWashington Supreme Court · 1895
  5. State v. SchielerIdaho Supreme Court · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Commonwealth v. JonesSupreme Court of Pennsylvania · 1974
  2. Carey v. StateIdaho Supreme Court · 1967
  3. People v. DugasIllinois Supreme Court · 1923
  4. State v. HarperWest Virginia Supreme Court · 1987
  5. State v. HixIdaho Supreme Court · 1938

18 more not listed; retrieve them via the Exa API.

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