Legal Opinion

State v. Huber

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 13 opinions

Error from Labette District Gonj/rt. Huber was duly charged by information with the crime of murder in the first degree, and was tried upon such information at the June Term, 1871, of the district court. The jury returned a verdict finding “ the defendant guilty in manner and form as he is charged in the information.” The defendant was sentenced to suffer the penalty of death, but the record does not show the entry of such judgment upon the journal.

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Error from Labette District Gonj/rt. Huber was duly charged by information with the crime of murder in the first degree, and was tried upon such information at the June Term, 1871, of the district court. The jury returned a verdict finding “ the defendant guilty in manner and form as he is charged in the information.” The defendant was sentenced to suffer the penalty of death, but the record does not show the entry of such judgment upon the journal. The record shows that subsequently to the verdict an entry was made in the journal of a “warrant” for the execution of the defendant. Its style…

1Opinion of the Court

The opinion of the court was delivered by

Yauentine, J.:

The defendant Frank C. Iiuber was charged with murder in the first degree. He was tried, found guilty, and a warrant was entered upon the journal ordering that he should suffer death by being hanged. He now appeals to this court.

l. verdict must o? guutflesiee Murder in the first degree is the highest degree of the offense of felonious homicide and includes within itself every other degree of that offense. Upon an information or indictment charging murder in the first degree the defendant may be found guilty of any degree of felonious…

2Cases cited2 opinions

  1. Cobia v. StateSupreme Court of Alabama · 1849
  2. State v. ReddickSupreme Court of Kansas · 1871

3Cited by13 opinions

  1. State v. AdamsSupreme Court of Kansas · 1878
  2. State v. WintersSupreme Court of Kansas · 1909
  3. State v. BridgesSupreme Court of Kansas · 1883
  4. Brown v. StateSupreme Court of Florida · 1893
  5. State v. HathawaySupreme Court of Kansas · 1936

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