State v. Brown
Supreme Court of Arkansas
Appeal from Greenwood District Court. Indictment for murder, charging John Taylor, William Brown and Thomas Craig with the felonious killing of "William Bledsoe and Jacob Bledsoe, at the county of Greenwood, in April, 1865. Brown was tried at the May Term, 1878, of the district court. The jury returned a verdict of guilty of murder in the first degree.
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Appeal from Greenwood District Court. Indictment for murder, charging John Taylor, William Brown and Thomas Craig with the felonious killing of "William Bledsoe and Jacob Bledsoe, at the county of Greenwood, in April, 1865. Brown was tried at the May Term, 1878, of the district court. The jury returned a verdict of guilty of murder in the first degree. The defendant was sentenced in accordance with the above verdict, and from this judgment and sentence he now appeals to this court. We know the court is trying Brown, and not the Bledsoes; nevertheless, a knowledge or belief on _ the part of…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
x indictment m0url0erdin0the fiistdegiee. This was a criminal prosecution. The defendant was tried, convicted and sentenced as for murder in the first degree; but he claims that it was done erroneously, as the indictment upon which he was tried did not charge murder in the first degree, but at most, only murder in the second degree. We are inclined to think that the defendant is correct. The indictment is probably sufficient as an indictment for murder in the second degree, but we hardly think it is sufficient as an indictment for murder…
2Cases cited9 opinions
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- Smith v. StateSupreme Court of Kansas · 1863
- Hulet v. BarnettOhio Supreme Court · 1841
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- Coates v. PeopleIllinois Supreme Court · 1874
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3Cited by16 opinions
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- State v. ShuffIdaho Supreme Court · 1903
- State v. NethertonSupreme Court of Kansas · 1929
- State v. JohnsonSupreme Court of Kansas · 1914
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