United States v. King
U.S. Circuit Court for the District of Eastern New York
Indictment for murder, under Rev. St. U. S. § 5339. That section provides that “ever}»- person who commits murder within any fort, arsenal, dock-yard, magazine, or in any other place or district of country under the exclusive jurisdiction of the United States, * * * shall suffer death.” Francis H. King, the accused, a private in the Fifth artillery, U. S. A., stationed at Fort Hamilton, New York harbor, was indicted for the murder of Ryan H. Willis, a civilian.
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Indictment for murder, under Rev. St. U. S. § 5339. That section provides that “ever}»- person who commits murder within any fort, arsenal, dock-yard, magazine, or in any other place or district of country under the exclusive jurisdiction of the United States, * * * shall suffer death.” Francis H. King, the accused, a private in the Fifth artillery, U. S. A., stationed at Fort Hamilton, New York harbor, was indicted for the murder of Ryan H. Willis, a civilian. The indictment was presented in the district court, and by order under Rev. St. U. S. § 1039, remitted to the circuit court for…
1Opinion of the Court
Lacombe, J.,
(charging jury.') Gentlemen of the jury, it is the duty of the court, as you know, to instruct or charge you as to the law of the case. In doing so courts frequently refer to the facts, — review them, and present them to the jury with their instructions as to the law. Such a course is not necessary, I think, in this case, because the facts are very few, and you certainly have them all within your recollection. I. shall not weary you, therefore, with any general review of them; and inasmuch as it would be certainly unwise, if not improper, for the court to undertake to present to…
2Cases cited2 opinions
- People v. HemmingsNew York Court of Appeals · 2004
- Shorter v. . the PeopleNew York Court of Appeals · 1849
3Cited by19 opinions
- Ross v. StateWyoming Supreme Court · 1899
- State v. SmithNew Mexico Supreme Court · 1921
- Lambrecht v. SchreyerSupreme Court of Minnesota · 1915
- Stewart v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. McVaySupreme Court of Rhode Island · 1926
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