State v. Vance
Utah Supreme Court
Appeal from District Court, Third District. — Hon. Geo. G. Armstrong, Judge. Thomas Vance appeals from a conviction of murder. APPELLANT’S POINTS. Where an indictment charges death to have been caused by two causes there can be no conviction on evidence that it was caused by one of them singly.
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Appeal from District Court, Third District. — Hon. Geo. G. Armstrong, Judge. Thomas Vance appeals from a conviction of murder. APPELLANT’S POINTS. Where an indictment charges death to have been caused by two causes there can be no conviction on evidence that it was caused by one of them singly. (State v. Smith, 67 Me. 386; State v. Lincoln, 49 N. H. 464, 470-71; Mills v. State, 52 Ind. 187, 192; State v. Palmer, 35 Me. 9; Staie v. Burgess, 40 Me. 592; Burgess v. State [Miss.], 33 So. 499; Hill v. State, 72 Miss. 527, 17 So. 375; 1 Bishop' Criminal Proced., sec. 426; 1 Wharton Grim. Law, 423;…
1Opinion of the CourtKkiok, J.
Appellant was convicted of the crime of murder in the first degree, and sentenced to suffer death.
The information contains three counts. In the first count it is, in substance, alleged that on the 26th day of November, 1907, the appellant committed the crime of murder in the first degree by assaulting one Mary Yanee with the specific intent to take her life, and, with that intent and purpose, willfully, unlawfully, feloniously, deliberately, premedi-tatedly, and of his malice aforethought, with his fists, hands, and feet did strike, kick, beat, and bruise the said Mary Vance, and did then and…
2Cases cited17 opinions
- People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
- Commonwealth v. MacloonMassachusetts Supreme Judicial Court · 1869
- Andersen v. United StatesSupreme Court of the United States · 1898
- Joy v. StateIndiana Supreme Court · 1860
- State v. KingUtah Supreme Court · 1902
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3Cited by16 opinions
- Fowle v. ParsonsSupreme Court of Iowa · 1913
- State v. ReeseUtah Supreme Court · 1913
- State v. HougensenUtah Supreme Court · 1936
- State v. LopezUtah Supreme Court · 1981
- State v. InlowUtah Supreme Court · 1914
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