Milton v. State
Nebraska Supreme Court
This was an indictment for the murder of Henry King in Washington county on the 16 th of May, 1876. The trial before Savage, J., and a jury, resulted in the conviction of Milton of murder in the first degree, and sentence that he be executed on the 22d day of September following. He sued out this writ of error. The facts necessary to an understanding of the case appear in the opinion.
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This was an indictment for the murder of Henry King in Washington county on the 16 th of May, 1876. The trial before Savage, J., and a jury, resulted in the conviction of Milton of murder in the first degree, and sentence that he be executed on the 22d day of September following. He sued out this writ of error. The facts necessary to an understanding of the case appear in the opinion. To constitute murder in the first degree, the killing must be “purposely and of deliberate and premeditated malice, or in the perpetration of arson,” &e. While we are aware that the courts have not permitted a…
1Opinion of the CourtMaxwell, J.
The instructions of the court to the jury, while stating the law correctly so far as they apply, are restricted almost entirely to the definition of murder, and the effect of intoxication.
The only question for this court to consider is whether the evidence sustains the verdict of murder in the first degree.
Murder at common law is thus defined: “When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the Kings peace, with malice aforethought, either express or implied.” 4 Blacks. Com., 194. When the fact of killing is shown, unaccompanied…
2Cases cited1 opinion
- McConnell v. DeweyNebraska Supreme Court · 1877
3Cited by19 opinions
- Davis v. StateNebraska Supreme Court · 1897
- Carleton v. StateNebraska Supreme Court · 1895
- Cook v. StateSupreme Court of Florida · 1903
- Carr v. StateNebraska Supreme Court · 1888
- Bourne v. StateNebraska Supreme Court · 1927
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