Tully v. People
Michigan Supreme Court
Error to Oakland Circuit. The defendants and one Charles Tully were indicted for the murder of Patrick Tully. The indictment contained two counts, charging the crime of murder as at the common law.
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Error to Oakland Circuit. The defendants and one Charles Tully were indicted for the murder of Patrick Tully. The indictment contained two counts, charging the crime of murder as at the common law. On the trial, the jury returned a verdict as follows: “In this cause, the jury, heretofore impanelled, come into court, and having answered to their names, say, upon their oath, that they find the said Robert Tully and John Tully guilty in manner and form as the People have in their indictment in this cause charged; and they find the said Charles Tully not guilty in manner and form as the People…
1Opinion of the Court
The Chief Justice:
The statute (Gomp. L. §5113) .is imperative that the jury in their verdict, or the Court on plea of guilty, shall determine the degree of the crime. The judgment must be reversed.*
See the following authorities cited in the brief of counsel for plaintiff in error: People v. Potter, 5 Mich. l; Dick ®. State» 8 O, S, R. 89; Parks -y. State, Ibid. 101; Jolmson ¶. State, 17 Ala. 618; Kirby n. State, 7 Yerg. 259; dobia v. State, 16 Ala, 781; jState v. Dowd, 19 dorm. 889; McGee u State, 8 Mo. 495; State v. Upton, 20 Mo, 897; Mcdarvley v. Urvited States, 1 Morris 486.
2Cases cited3 opinions
- Johnson v. StateSupreme Court of Alabama · 1850
- McGee v. StateSupreme Court of Missouri · 1844
- M'Cauley v. United StatesSupreme Court of Iowa · 1846
3Cited by8 opinions
- People v. RepkeMichigan Supreme Court · 1895
- State v. ReddickSupreme Court of Kansas · 1871
- People v. DupuisMichigan Supreme Court · 1963
- Hall v. StateSupreme Court of Florida · 1893
- State v. RoverNevada Supreme Court · 1875
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