State v. Doherty
Supreme Court of Vermont
Indictment for murder in two counts. Trial by jury, Washington County, September Term, 1899, Watson, J., presiding. Yerdict, guilty of murder in the first degree. The respondent excepted. Cause passed to the Supreme Court before judgment and sentence.
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Indictment for murder in two counts. Trial by jury, Washington County, September Term, 1899, Watson, J., presiding. Yerdict, guilty of murder in the first degree. The respondent excepted. Cause passed to the Supreme Court before judgment and sentence. The evidence introduced on the part of the State, tended to show that one, Frederick Murphy, and the respondent, at the time of the shooting referred to, and for some time previous, were workmen on the Bolton Falls dam, and were boarders at the-house of one, J. E. Pixley, in Waterbury, in the County of Washington; that ill blood had arisen…
1Opinion of the CourtTart, C. J.
I. Testimony was introduced upon the part of the State tending to show that the respondent, the night before the homicide, went to Waterbury and purchased a revolver and cartridges as tending to show the homicide was premeditated. This was legitimate testimony, for any fact “which constitutes a preparation for an act ” is relevant, Steph. Dig. of Ev. (2nd *390Am. Ed.) 19, and tends to show premeditation. The respondent testified he bought the revolver and cartridges to defend himself in proper protection of life and limb; that when he went on the job in the fall of 1898, five months before, he…
2Cases cited5 opinions
- State v. HaydenSupreme Court of Vermont · 1878
- Barber's Adm'r v. BennettSupreme Court of Vermont · 1886
- Gilman v. Town of StraffordSupreme Court of Vermont · 1878
- State v. WoodburySupreme Court of Vermont · 1894
- Town of Dover v. WinchesterSupreme Court of Vermont · 1898
3Cited by25 opinions
- State v. WheelockSupreme Court of Vermont · 1992
- State v. StacySupreme Court of Vermont · 1932
- Yorke v. StateCourt of Appeals of Maryland · 1989
- Belka v. AllenSupreme Court of Vermont · 1909
- State v. BlakeneySupreme Court of Vermont · 1979
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