Smith v. State
Supreme Court of Kansas
The plaintiff in error was convicted of murder in the first degree, at the June term, 1863, of the criminal court for Leavenworth county.
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The plaintiff in error was convicted of murder in the first degree, at the June term, 1863, of the criminal court for Leavenworth county. The following is a copy of the body of 'the indictment: “ The grand jurors for the state of Kansas, in and of the county of Leavenworth, duly impannelled, sworn and charged to inquire within and for the county of Leavenworth, in the name and by the authority of the state of Kansas, upon their solemn oaths do present: that Bailey Smith, late of said county of Leavenworth, and within the jurisdiction of this court, on the 21st of April, A. D. 1862, in and…
1Opinion of the Court
By the Court,
Cobb, 0. J.
The appellant was convicted of murder in the first degree at the June term, 1863, *388of the criminal court of Leavenworth county. He moved for a new trial; the motion was overruled, and he excepted, and then moved to arrest the judgment, on the ground that the facts stated in the indictment do not constitute a public offense; which motion was also overruled, and he excepted, and brought the cause here for review.
It is claimed by counsel that the indictment does not charge a deliberate and premeditated intention to kill, and is in that respect defective.
We will first…
Also in this document: Concurrence.
2Cases cited1 opinion
- Cutler v. HowardWisconsin Supreme Court · 1859
3Cited by24 opinions
- Laithe v. McDonaldSupreme Court of Kansas · 1871
- City of Emporia v. VolmerSupreme Court of Kansas · 1874
- State v. PotterSupreme Court of Kansas · 1875
- State v. McCordSupreme Court of Kansas · 1871
- State v. BohanSupreme Court of Kansas · 1877
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