Witt v. State
Tennessee Supreme Court
FROM RUTHERFORD. At the September Term, 1868, of the Criminal Court for Rutherford County, the plaintiff in error was, by a jury, found guilty of murder in the first degree, and sentence of death pronounced upon him; from which verdict and judgement he appealed. Judge JOHN Hugh Smith, presiding.
1Opinion of the CourtGeorge Andrews, J.
The plaintiff in error, was indicted for the murder of one Samuel Cunningham, and was convicted of murder in the first degree. His motion in arrest of judgment was overruled, and after judgment entered against him, he appealed in error to this Court.
The indictment after the usual venue and formal commencement, charges the killing as follows: “He, the said Lucius Witt, then and there, at the time and place aforesaid, lying in wait for him, the said Samuel Cunningham, being in the peace of the State, did then and there, willfully, maliciously, deliberately and premedita-tedly, kill and murder…
2Cited by17 opinions
- State v. GentryCourt of Criminal Appeals of Tennessee · 1993
- Clarke v. StateTennessee Supreme Court · 1966
- State v. BullingtonTennessee Supreme Court · 1976
- Gann v. StateTennessee Supreme Court · 1964
- Campbell v. StateTennessee Supreme Court · 1973
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