Kearney v. People

The plaintiff in error was indicted at the November term, 1887, of the Pitkin county district court, for the murder of one John J. Burt. He was tried and convicted thereof at the January term of the present year, and sentenced to be hanged, which judgment has been superseded for a defect in the verdict returned by the trial jury The statute defining the crime of murder and providing for its punishment was last amended by the 'legislature of 1883. As amended the statute divides the crime of murder into two degrees, and requires the jury trying any person indicted for said crime, if they find…