Madden v. State
Supreme Court of Kansas
At the November term, 1862, of the district court in the county of Shawnee, on the trial of this case, the court below charged the jury that if they believed, from the evidence, that defendant mixed, mingled and ministered cantharides to Ann L. Smith, with the intent to have carnal knowledge of her, and that as a result thereof she received personal injury, which is a fact for the jury to determine, from the evidence, then the jury would be justified in finding the defendant…
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At the November term, 1862, of the district court in the county of Shawnee, on the trial of this case, the court below charged the jury that if they believed, from the evidence, that defendant mixed, mingled and ministered cantharides to Ann L. Smith, with the intent to have carnal knowledge of her, and that as a result thereof she received personal injury, which is a fact for the jury to determine, from the evidence, then the jury would be justified in finding the defendant guilty — the law presuming that he intended the natural and probable consequences of his own act, unless he should…
1Opinion of the Court
By the Court,
Kingmas, J.
The appellant assigns various errors of the court below,which will be noticed in the *347opinion. The first is overruling the motion to quash the indictment.
The indictment has throe counts substantially alike.
The first count is as follows: After tbo formal commencement, it charges “that Thomas Madden, on the twenty-first day of January, in the year of our Lord one thousand eight hundred and sixty-two, in the county of Shawnee aforesaid, unlawfully, maliciously and knowingly, did prepare, mix and mingle a largo quantity, to wit: twelve grains of a certain poison called…
2Cited by20 opinions
- United States v. NarcisoDistrict Court, E.D. Michigan · 1977
- Oliver v. StateSupreme Court of Alabama · 1936
- State v. SnyderSupreme Court of Kansas · 1878
- State v. McKinneySupreme Court of Kansas · 1884
- People v. DurlingNew York Court of Appeals · 1952
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