Legal Opinion

Territory v. Bannigan

Supreme Court Of The Territory Of Dakota

Decided December 15, 1877PublishedCited by 14 opinions

Writ of Error to the Burleigh Bounty District Court. On the 24th day of February, 1877, the defendant, Peter Bannigan, was indicted in the District Court of Burleigh County for the crime of murder, in killing one John D. Massingale, alleged to have been committed “ wilfully, feloniously, and with malice aforethought.” On this indictment the defendant was tried and a verdict of “guilty of murder as charged in the indictment” found by the jury.

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Writ of Error to the Burleigh Bounty District Court. On the 24th day of February, 1877, the defendant, Peter Bannigan, was indicted in the District Court of Burleigh County for the crime of murder, in killing one John D. Massingale, alleged to have been committed “ wilfully, feloniously, and with malice aforethought.” On this indictment the defendant was tried and a verdict of “guilty of murder as charged in the indictment” found by the jury. Motions in arrest of judgment and for a new trial were entered and overruled, and the defendant sentenced to death. Numerous exceptions were taken…

1Opinion of the CourtBeNNett, J.

We have in the record before us, in form, a common law indictment for murder, with a verdict of guilty as charged, and judgment of death. Is this indictment sufficient, under our statute, to sustain this verdict and judgment ? Counsel for defendant insist that it is not, and that it charges only manslaughter in the first degree, for the reason that it does not charge, in haec verba, the homicide to have been perpetrated “ with a premeditated design to effect the death of the person killed.” Murder, as defined by the common law is “when a person of sound memory and discretion, unlawfully…

2Cases cited8 opinions

  1. People v. CroninCalifornia Supreme Court · 1867
  2. People v. EnochCourt for the Trial of Impeachments and Correction of Errors · 1834
  3. State v. McCormickSupreme Court of Iowa · 1869
  4. Kennedy v. . the PeopleNew York Court of Appeals · 1868
  5. Hogan v. StateWisconsin Supreme Court · 1872

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Lovett v. StateSupreme Court of Florida · 1892
  2. Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
  3. State v. TriebNorth Dakota Supreme Court · 1982
  4. State v. DouglasSouth Dakota Supreme Court · 1944
  5. State v. MartinMontana Supreme Court · 1903

9 more not listed; retrieve them via the Exa API.

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