State v. Smith
Supreme Court of Connecticut
Indictment for murder; brought to the Superior Court in New Haven county. The accused moved to quash the indictment, and also filed a special demurrer, on the ground that the degree of murder was not specified. The questions of law arising on these pleadings were reserved’ for advice.
1Opinion of the CourtFoster, J.
The bill of indictment on which the questions in this case arise was duly found and presented to the Superior Court for the county of New Haven, at the March term, 1870. It is drawn in the usual form; indeed it is not contended that it is an imperfectly framed bill, as the law then stood.
At the May session of the General Assembly, 1870, an act was passed in addition to the act concerning crimes and punishments, which act contained two sections, the first of which is as follows: “ In all indictments for murder the degree of the crime charged shall be alleged, provided the jury may find the…
2Cases cited4 opinions
- Inhabitants of Goshen v. Inhabitants of StoningtonSupreme Court of Connecticut · 1822
- Plumb v. SawyerSupreme Court of Connecticut · 1851
- Skinner v. WatsonSupreme Court of Connecticut · 1868
- Taylor v. KeelerSupreme Court of Connecticut · 1862
3Cited by2 opinions
- State v. Ju NunOregon Supreme Court · 1908
- State v. WelchSupreme Court of Vermont · 1891