McAdams v. State
Supreme Court of Arkansas
Appeal from Union Circuit Court. Hon. George W. McCown, Circuit Judge. At common law, the willful killing of a human being,'with malice aforethought, was murder, the punishment of which was death; and an indictment that charged such a killing was sufficient to support a verdict of guilty and a judgment of death. In this State, murder committed with malice aforethought, simply, is not a capital offense.
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Appeal from Union Circuit Court. Hon. George W. McCown, Circuit Judge. At common law, the willful killing of a human being,'with malice aforethought, was murder, the punishment of which was death; and an indictment that charged such a killing was sufficient to support a verdict of guilty and a judgment of death. In this State, murder committed with malice aforethought, simply, is not a capital offense. See Gould’s Digest, page 328, sec. 7. To constitute this crime the act must be committed not only with malice aforethought (which is necessary in murder in the second degree) but it must be…
1Opinion of the CourtWjlshire, C. J.
At the September term, 1868, of the Union county circuit court, George McAdams was convicted and sentenced to be hung on the 23d day of October following, on an indictment for the murder of one General Moore. The defendant below moved the court, for a new trial; the court overruled the motion; to which ruling of the court below defendant excepted, tendered his bill of exceptions, and appealed to this court.
The errors of the court below, complained of by the appellant, are:
1. Because the court below erred in giving the instructions asked by the State, numbered one, two, three and four.
2. That…
2Cases cited3 opinions
- People v. NicholCalifornia Supreme Court · 1867
- White v. CommonwealthSupreme Court of Pennsylvania · 1813
- Respublica v. BobSupreme Court of the United States · 1795
3Cited by19 opinions
- Cook v. StateSupreme Court of Florida · 1903
- Nail v. StateSupreme Court of Arkansas · 1959
- Weldon v. StateSupreme Court of Arkansas · 1925
- Hopkins v. StateSupreme Court of Alabama · 1904
- Wallin v. StateSupreme Court of Arkansas · 1946
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