Gourko v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OP THE UNITED STATES POR THE WESTERN DISTRICT OP ARKANSAS. The plaintiff in error, a white man and not an Indian, was charged by indictment in the Circuit Court of the United States for the Western District of Arkansas with the crime of having, on the first day of November, 1892, at the Choctaw Nation, in the Indian Territory, within the above District, feloniously, wilfully, and with malice aforethought killed and murdered one Peter Carbo.
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ERROR TO THE CIRCUIT COURT OP THE UNITED STATES POR THE WESTERN DISTRICT OP ARKANSAS. The plaintiff in error, a white man and not an Indian, was charged by indictment in the Circuit Court of the United States for the Western District of Arkansas with the crime of having, on the first day of November, 1892, at the Choctaw Nation, in the Indian Territory, within the above District, feloniously, wilfully, and with malice aforethought killed and murdered one Peter Carbo. A verdict of guilty was returned, and, a motion for a new trial having been overruled, the defendant was adjudged to suffer…
1Opinion of the CourtJustice Harlan
The court below made a long charge in reference to the principles of law which it conceived to be applicable to murder, manslaughter, and self-defence. Among other things, the court said to the jury: “ A man has a deliberate intent to kill in the absence of a right to kill under the law of self-defence, and in the absence of that which would mitigate the offence to iiianslaughter. He cannot have a deliberate intent to kill and then say that his offence was only manslaughter, because the fact that he had an intent to kill implies that he deliberated over that purpose, that he prepared himself…
2Cited by16 opinions
- Thompson v. United StatesSupreme Court of the United States · 1894
- United States v. Brad Eugene Branch, Kevin Whitecliff, Jaime Castillo, Renos Lenny Avraam, Paul Fatta and Graeme Leonard CraddockCourt of Appeals for the Fifth Circuit · 1996
- Cooper v. StateTennessee Supreme Court · 1909
- United States v. Bennie L. PetersonCourt of Appeals for the D.C. Circuit · 1973
- Wallace v. United StatesSupreme Court of the United States · 1896
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