State v. McGaffin
Supreme Court of Kansas
Appeal from Wabaunsee District Court. Prosecution brought against Thomas Mg Gafin for the murder of Harrison Sherman. The information charging the appellant with the offense contained two counts, the first of which is as follows, (omitting court and title:) “I, W. A. Doolittle, the undersigned county attorney of said county, in the name, by the authority and on behalf of the state of Kansas, come now here and give the court .to understand and be informed, that on the 26th…
Read the full summary
Appeal from Wabaunsee District Court. Prosecution brought against Thomas Mg Gafin for the murder of Harrison Sherman. The information charging the appellant with the offense contained two counts, the first of which is as follows, (omitting court and title:) “I, W. A. Doolittle, the undersigned county attorney of said county, in the name, by the authority and on behalf of the state of Kansas, come now here and give the court .to understand and be informed, that on the 26th day of November, 1885, in said county of Wabaunsee, in the said state of Kansas, Thomas McGaffin did then and there…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
*3191. information— sufficiency— general rule. *318The first objection taken to the conviction and sentence by the appellant is, that the information is insufficient to charge murder in the first degree, the offense of which he was found and adjudged guilty. The alleged omission or defect is, that it does not contain either the words “ malice aforethought,” or “ with intent to kill.” The charging part of the count in the information upon which the conviction rests is, that “Thomas McGaffin did then and there unlawfully, feloniously, willfully,…
2Cases cited3 opinions
- Craft v. StateSupreme Court of Kansas · 1866
- Ernest v. StateSupreme Court of Florida · 1883
- State v. FooksSupreme Court of Kansas · 1883
3Cited by41 opinions
- State v. DunnSupreme Court of Kansas · 2016
- State v. HebertSupreme Court of Kansas · 2004
- State v. JamisonSupreme Court of Kansas · 2000
- State v. SaleemSupreme Court of Kansas · 1999
- State v. KirbySupreme Court of Kansas · 1901
36 more not listed; retrieve them via the Exa API.