Stewart v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of Arizona; William W. Morrow, Judge. William Stewart was convicted of murder, and he brings error. The plaintiff in error, hereinafter designated the defendant, was jointly indicted with one John B. Goodwin for the crime of murder in the killing of one Fred Kibbe.
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In Error to the District Court of the United States for the District of Arizona; William W. Morrow, Judge. William Stewart was convicted of murder, and he brings error. The plaintiff in error, hereinafter designated the defendant, was jointly indicted with one John B. Goodwin for the crime of murder in the killing of one Fred Kibbe. The indictment was returned in May, 1911, by the grand jury for the Fifth judicial district of the then territory of Arizona, and charged the offense to have been committed on September 15, 1910, in that district, “within and upon the White Mountain Indian…
1Opinion of the CourtVan Fleet, District Judge
(after stating the facts as above).
[1] 1. Considering the assignments in the order in which they are discussed in the brief, the first is that the court committed prejudicial error in its charge to the jury on the subject of the defendant’s flight from the scene of the homicide. The extract from the charge which is complained of is this:
“The flight of the defendant with Goodwin from the place of the murder is also evidence of guilt and a fact for your consideration.”
It is said that this is virtually an instruction that as a matter of law the defendant was guilty of the offense charged if he…
2Cases cited10 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Holt v. United StatesSupreme Court of the United States · 1910
- Logan v. United StatesSupreme Court of the United States · 1892
- Goldsby v. United StatesSupreme Court of the United States · 1895
- Alberty v. United StatesSupreme Court of the United States · 1896
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3Cited by16 opinions
- Earl E. Vick v. United StatesCourt of Appeals for the Fifth Circuit · 1954
- Williams v. LongDistrict Court, D. Maryland · 2008
- Heard v. United StatesCourt of Appeals for the Eighth Circuit · 1919
- California Ass'n of Bioanalysts v. RankDistrict Court, C.D. California · 1983
- United States v. Isaac Bookie and Fred PetrucciCourt of Appeals for the Seventh Circuit · 1956
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