People v. Warren
Court Of Oyer And Terminer New York
The indictment charged the mixing of poison, arsenic, with flour and causing and procuring it to be administered to one William P. Loveland, with intent to kill and slay him. It contained several counts.
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The indictment charged the mixing of poison, arsenic, with flour and causing and procuring it to be administered to one William P. Loveland, with intent to kill and slay him. It contained several counts. The defendant pleaded in bar that he was arraigned and tried in August, 1851,.upon another indictment charging him with the same identical acts, that is, the mixing the poison with the flour, and causing and procuring it to be administered to one Louisa Loveland, with intent to kill and slay her, and that upon such trial he was acquitted. The people demurred to the plea.
1Opinion of the CourtMarvin, Presiding Justice
The demurrer is well taken. The former trial and acquittal are not a bar to the present indictment. The two indictments are not for the same identical act and crime. (4 Black. Com. 346; 1 Russ, on Cr. 82.9, 836.) The act of mixing the poison with the flour, and furnishing it to the persons who subsequently used it and partook of it, is the same act of the defendant in the present as in the former case, and if we assume that the defendant by the same single act administered or caused and procured the poison to be administered to the two persons, the intent charged in the present case is not…
2Cited by3 opinions
- Carlisle v. StateIndiana Supreme Court · 1869
- Lawrence v. CommonwealthSupreme Court of Virginia · 1943
- People ex rel. Flinn v. BarrNew York Supreme Court · 1931