Downing v. State
Wyoming Supreme Court
Error to the District Court, Carbon County, Hon. Richard H. Scott, Judge of the First District, presiding. George W. Downing was indicted and tried for the crime of murder in the first degree, found guilty of murder in the second degree, and sentenced to the penitentiary for the term of twenty-five years. He filed his. petition in error for a review of the judgment.
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Error to the District Court, Carbon County, Hon. Richard H. Scott, Judge of the First District, presiding. George W. Downing was indicted and tried for the crime of murder in the first degree, found guilty of murder in the second degree, and sentenced to the penitentiary for the term of twenty-five years. He filed his. petition in error for a review of the judgment. The State moved a dismissal of the proceedings in error on the ground that the bill of exceptions did not contain the evidence. Heard on the motion. contended that there was nothing for this court to review in the absence of the…
1Opinion of the Court
Knight, Justicr.
Defendant in error moves the court to dismiss the appeal in this case, for the reason that the bill of exceptions does not contain the testimony adduced on the trial of said case, or any part thereof, and is, therefore, insufficient upon which to predicate error in this court. Counsel for defendant in error to support his motion aforesaid relies upon the judgment of this court announced in Miller v. State, 3 Wyo., 658, where this language'is found: “The rule as to.reversing judgments on account of erroneous instructions to the jury, by this court, and stated by Thompson on…
2Cases cited21 opinions
- Wenning v. TeepleIndiana Supreme Court · 1895
- Myers v. MurphyIndiana Supreme Court · 1878
- Dunlop v. MunroeSupreme Court of the United States · 1812
- Bowen v. PollardIndiana Supreme Court · 1880
- Rapp v. KesterIndiana Supreme Court · 1890
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3Cited by7 opinions
- Koppala v. StateWyoming Supreme Court · 1907
- Van Buskirk v. Red Buttes Land & Livestock Co.Wyoming Supreme Court · 1916
- Wallace v. SkinnerWyoming Supreme Court · 1907
- Downing v. StateWyoming Supreme Court · 1902
- King v. PeopleSupreme Court of Colorado · 1912
2 more not listed; retrieve them via the Exa API.