State v. Kearley
Supreme Court of Kansas
Appeal from Johnson District Court. At the March Term, 1881, of the district court, Enoch B. Kearley was convicted of murder in the first degree. The homicide charged in the information filed against him was that of John W. Wyatt, on November 1, 1880. From such conviction the defendant has appealed.
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Appeal from Johnson District Court. At the March Term, 1881, of the district court, Enoch B. Kearley was convicted of murder in the first degree. The homicide charged in the information filed against him was that of John W. Wyatt, on November 1, 1880. From such conviction the defendant has appealed. The opinion states the facts. presented a critical and elaborate analysis of the evidence, and contended that if there was any legitimate presumption that the accused fired the first shot, he rebutted such presumption by irrefragable evidence, unless the jury is empowered to arbitrarily ignore…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
On the 29th day of March, 1881, the defendant was convicted of murder in the first degree, in the district court of Johnson county, and from that conviction has brought this appeal to this court. The homicide charged in the information was that of John William Wyatt, on the 1st day of November, 1880.
The first and principal question made by the learned counsel for appellant is, that the testimony does not warrant a conviction for any .crime, much less that of murder in the first degree.
The testimony is all before us, and in support of his…
2Cases cited1 opinion
- Craft v. StateSupreme Court of Kansas · 1866
3Cited by14 opinions
- State v. MitchellSupreme Court of Kansas · 2000
- State v. BridgesSupreme Court of Kansas · 1883
- State v. HamiltonSupreme Court of Kansas · 1975
- Herndon v. StateSupreme Court of Florida · 1917
- State v. MosleySupreme Court of Kansas · 1884
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