Legal Opinion

State v. Potter

Supreme Court of Kansas

Decided July 15, 1874PublishedCited by 19 opinions

Appeal from Atchison District Court. Information for murder in the second degree against Isaac Potter, George Potter, and "Walter Boyle, charging them with killing one Jacob B. Keeley. Isaac Potter demanded a separate trial, and the case against him was tried at the June Term 1874. The testimony complained of is stated in the opinion, infra.

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Appeal from Atchison District Court. Information for murder in the second degree against Isaac Potter, George Potter, and "Walter Boyle, charging them with killing one Jacob B. Keeley. Isaac Potter demanded a separate trial, and the case against him was tried at the June Term 1874. The testimony complained of is stated in the opinion, infra. The district court gave some twenty special instructions at the instance of the prosecution, of which the 2d and 15th are as follows: “2d.-If the jury find from the evidence that the defendant Isaac Potter at the time he assailed the deceased did so with…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

1. Evidence of character of deceased. The appellant was convicted in the district court of Atchison county of the crime of murder in the second degree, and sentenced to the penitentiary for ten years. From this he has appealed to this court, and alleges numerous errors in the proceedings of that court. And first, he complains that that court erred in overruling a motion to quash the information. We do not think the objections made to the information are well founded, and hence see no error in the rulings on the motion to quash. Again, he…

2Cases cited6 opinions

  1. Franklin v. StateSupreme Court of Alabama · 1856
  2. Ben v. StateSupreme Court of Alabama · 1861
  3. People v. MurrayCalifornia Supreme Court · 1858
  4. State v. KeeneSupreme Court of Missouri · 1872
  5. Chase v. StateMississippi Supreme Court · 1872

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

3Cited by19 opinions

  1. State v. CainWest Virginia Supreme Court · 1882
  2. State v. EddonWashington Supreme Court · 1894
  3. State v. BradleySupreme Court of Kansas · 1978
  4. State v. PotterSupreme Court of Kansas · 1876
  5. Burnett v. StateArizona Supreme Court · 1928

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

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