Clay v. State
Wyoming Supreme Court
Error to the District Court, Albany County, HoN. Charles E. CarpENTEr, Judge. Henry E. Clay was tried upon an information charging him with murder in the first degree for the killing of one George Gerber. He was found guilty as charged in the information, and sentenced to suffer the death penalty. He prosecuted error. The material facts are stated in the opinion.
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Error to the District Court, Albany County, HoN. Charles E. CarpENTEr, Judge. Henry E. Clay was tried upon an information charging him with murder in the first degree for the killing of one George Gerber. He was found guilty as charged in the information, and sentenced to suffer the death penalty. He prosecuted error. The material facts are stated in the opinion. Thé evidence showing conclusively that Burney, a witness for the prosecution, testified under promises from the attorneys for the prosecution, thereby being treated as an accomplice, it was error to charge the jury that it was for…
1DissentPotter, Chief Justice
I regret that I am unable to give my assent to the conclusion reached by a majority of the court in this case. My dissent is based solely upon the proposition that instructions numbered 15 and 16, relative to the legal presumption as to statements made by the defendant against himself, were not prejudicial. I agree that the instructions, in the respect mentioned, were erroneous, and that under different circumstances they might have been highly prejudicial; but I can perceive no reasonable ground for holding, upon the record in the case at bar, that the defendant was in any degree prejudiced…
2Cases cited10 opinions
- State v. CurtisSupreme Court of Missouri · 1879
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- State v. HaysSupreme Court of Missouri · 1856
- State v. WestSupreme Court of Missouri · 1879
- Bressler v. PeopleIllinois Supreme Court · 1886
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