Legal Opinion
State v. Carey
Delaware Court of Oyer and Terminer
Decided April 8, 1935No. Indictment for murder of the first degree, No. 29PublishedCited by 15 opinions
1Opinion of the Court
Layton, C. J.,
delivering the opinion of the Court:
It is not contended that there was evidence upon which a verdict of manslaughter properly could have been based, nor that the jury were not instructed that they could find, subject to the law and the evidence, a verdict of guilty of manslaughter; but it is argued that the statement made to the jury, that there was no evidence upon which a verdict or verdicts of manslaughter could be founded, was tantamount to a withdrawal of that issue from the consideration by the jury, and, therefore, error on two grounds:
1. That the instruction was in…
2Cases cited30 opinions
- Sparf v. United StatesSupreme Court of the United States · 1895
- Shaffner v. CommonwealthSupreme Court of Pennsylvania · 1872
- People v. KingCalifornia Supreme Court · 1865
- State v. ChapmanSupreme Court of Connecticut · 1925
- State v. . SpiveySupreme Court of North Carolina · 1909
25 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bantum v. StateSupreme Court of Delaware · 1952
- State v. InmanSupreme Judicial Court of Maine · 1976
- Lunnon v. StateSupreme Court of Delaware · 1998
- Capital Management Co. v. BrownSupreme Court of Delaware · 2002
- Derrickson v. StateSupreme Court of Delaware · 1974
10 more not listed; retrieve them via the Exa API.