Smith v. State
Supreme Judicial Court of Maine
Writ of error. On a former occasion, Smith, the plaintiff in error, was tried upon an indictment for the murder of one Beringera D. Caswell. The indictment contained four counts. Upon the third court he was convicted of murder in the second degree, and judgment was rendered that he suffer confinement at hard labor for life. As to the three other counts, there was no verdict. 32 Maine, 369. To reverse that judgment, this writ of error is brought.
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Writ of error. On a former occasion, Smith, the plaintiff in error, was tried upon an indictment for the murder of one Beringera D. Caswell. The indictment contained four counts. Upon the third court he was convicted of murder in the second degree, and judgment was rendered that he suffer confinement at hard labor for life. As to the three other counts, there was no verdict. 32 Maine, 369. To reverse that judgment, this writ of error is brought. The alleged causes for the reversal were twenty-two in number. Three of them only, viz: the 17th, 18th and 19th, need be adverted to. They allege…
1Opinion of the CourtTennet, J.
— The record shows that the jury found a ver*54diet of guilty of murder in the second degree against the prisoner, upon the third comat of the indictment. Thereupon judgment was rendered, and sentence, that he be punished by confinement to hard labor for the term of his natural life, in the state prison, was pronounced.
The seventeenth, eighteenth and nineteenth causes of error assigned are, that the charge in the third count of the indictment is manslaughter, and not murder in the second degree, and that the judgment and. sentence thereupon are erroneous.
The third count in the indictment charges…
2Cases cited1 opinion
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