Legal Opinion

Claussen v. State

Wyoming Supreme Court

Decided July 19, 1913No. 737PublishedCited by 23 opinions

Error to the District Court, Sheridan County, HoN. Carroll H. Parmelee, Judge. Herman Claussen was charged with the crime of murder in the first degree, convicted of involuntary manslaughter, and prosecuted error. The material facts are stated in the opinion. A defendant in a criminal case has the right to be tried decently and in order, in an atmosphere unpolluted by the breath of hostile public sentiment. If he has not been so tried a new trial should be granted.

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Error to the District Court, Sheridan County, HoN. Carroll H. Parmelee, Judge. Herman Claussen was charged with the crime of murder in the first degree, convicted of involuntary manslaughter, and prosecuted error. The material facts are stated in the opinion. A defendant in a criminal case has the right to be tried decently and in order, in an atmosphere unpolluted by the breath of hostile public sentiment. If he has not been so tried a new trial should be granted. (Comm. v. Hoover, (Pa.) 75 A.tl. 1023.) If a person prescribes for, or treats another for an ailment, acting with an honest…

1Opinion of the Court

Scott, Chief Justice.

The plaintiff in error was charged by information in the statutory form with the crime of murder in the first degree, tried and convicted of the crime of involuntary manslaughter and judgment pronounced against him upon the verdict, and he brings error.

The bill of exceptions contains none of the evidence produced upon the trial, and for that reason our consideration of the case will have to be confined to those questions which do not involve a consideration of the evidence.

1. It is contended that there was misconduct of the audience during the trial, which was prejudicial…

2Cases cited4 opinions

  1. State v. De LeaMontana Supreme Court · 1908
  2. Jenkins v. City of CheyenneWyoming Supreme Court · 1903
  3. Downing v. StateWyoming Supreme Court · 1902
  4. Smith v. StateWyoming Supreme Court · 1909

3Cited by23 opinions

  1. People v. BrighamCalifornia Supreme Court · 1979
  2. Alcala v. StateWyoming Supreme Court · 1971
  3. Bentley v. StateWyoming Supreme Court · 1972
  4. Kimbley v. City of Green RiverWyoming Supreme Court · 1983
  5. State v. GoettinaWyoming Supreme Court · 1945

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