People v. Garbutt
Michigan Supreme Court
Defendant was tried and convicted in tbe Recorder’s Court at Detroit, upon an information for murder. Tbe facts are stated in tbe opinion. The defendant was convicted in tbe Recorder’s Court of tbe-city of Detroit, of tbe crime of murder in tbe first degree. Tbe fact of tbe homicide is not denied.
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Defendant was tried and convicted in tbe Recorder’s Court at Detroit, upon an information for murder. Tbe facts are stated in tbe opinion. The defendant was convicted in tbe Recorder’s Court of tbe-city of Detroit, of tbe crime of murder in tbe first degree. Tbe fact of tbe homicide is not denied. The questions raised by tbe bill of exceptions relate to tbe admission of evidence and tbe charge of the court. 1. The counsel for the defendant requested the court to charge the jury “ that malice is a necessary element in the commission of murder, and must be proved by the prosecution as part of…
1Opinion of the Court
Coolev Oh. J.
The defendant was convicted in the Becorder’s Court of the city of Detroit, on an information charging him with the murder of one La Plante. On the trial, it was shown that La Plante, and a young woman named Emily Boucher, were coming down Woodward Avenue together, on the afternoon of September 21, 1867, when they were overtaken by the defendant, who, after a few words, fired a pistol at La Plante, wounding him mortally. No question was made that La Plante died of this wound, but it was insisted, on behalf of defendant, that it was inflicted by him under circumstances of great…
2Cases cited11 opinions
- Maher v. PeopleMichigan Supreme Court · 1862
- People v. JennesMichigan Supreme Court · 1858
- Freeman v. PeopleNew York Supreme Court · 1847
- The People v. . McCannNew York Court of Appeals · 1857
- Hopps v. PeopleIllinois Supreme Court · 1863
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3Cited by170 opinions
- Duncan v. LouisianaSupreme Court of the United States · 1968
- United States Ex Rel. Toth v. QuarlesSupreme Court of the United States · 1955
- People v. GarciaMichigan Supreme Court · 1976
- Regina SHEEHAN, Plaintiff-Appellee, v. DONLEN CORPORATION, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1999
- Garner v. StateSupreme Court of Florida · 1891
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