Pack v. State
Supreme Court of Arkansas
AjypecH from, Salmo Ci/rouit Court. Hon. JohN J. ClendeNIN, Circuit Judge. It may seem like trifling with the majesty of the law, for the state, charging an accused with the crime of murder, to seek to hold him amenable for an assault and battery involved in the commission of that crime. Nevertheless such a question is here presented. It is submitted that murder is a crime of such a grade that all leaser offences that may enter into its commission, are merged and lost in it.
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AjypecH from, Salmo Ci/rouit Court. Hon. JohN J. ClendeNIN, Circuit Judge. It may seem like trifling with the majesty of the law, for the state, charging an accused with the crime of murder, to seek to hold him amenable for an assault and battery involved in the commission of that crime. Nevertheless such a question is here presented. It is submitted that murder is a crime of such a grade that all leaser offences that may enter into its commission, are merged and lost in it. The cases decided by this court bearing upon the question are, MeBride vs. The State, 2 Tkg. 374; Carmeron vs. The…
1Opinion of the CourtJustice Fairohild
On the 16th of March, 1858, a scire facias issued from the office of the clerk of the Circuit Court of Saline county, reciting that Nathan S. Pack, as principal, and Josiah Brooks and Thomas Pack, as his securities, on the 29th of July, 1857, before John A. P. Bingham, a justice of the peace of the county of Saline, acknowledged themselves to be indebted to the State of Arkansas, in the sum of five hundred dollars, conditioned that Nathan S. Pack should appear before the Saline Circuit Court on the first day of its October term, 1857, to answer to the state Upon an indictment for an assault…
2Cases cited7 opinions
- People v. CookNew York Supreme Court · 1852
- Wilcox v. SmithNew York Supreme Court · 1830
- People v. StagerNew York Supreme Court · 1833
- People v. KaneNew York Supreme Court · 1847
- Douglass v. WickwireSupreme Court of Connecticut · 1849
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3Cited by3 opinions
- Foote v. GordonSupreme Court of Georgia · 1891
- Western Surety Co. v. Municipal CourtCalifornia Court of Appeal · 1937
- State v. VarneySuperior Court of New Hampshire · 1814