White v. State
Wyoming Supreme Court
ERROR to the District Court of Natrona County; Hon. Charles E. Winter, Judge. Plaintiff in error, O. W. White, was convicted of the crime of murder in the first degree and brings error. The material facts are stated in the opinion. The information is insufficient to charge a crime. The year in which the offense was committed is alleged as 19013, hence the information charges an impossible act and is null and void.
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ERROR to the District Court of Natrona County; Hon. Charles E. Winter, Judge. Plaintiff in error, O. W. White, was convicted of the crime of murder in the first degree and brings error. The material facts are stated in the opinion. The information is insufficient to charge a crime. The year in which the offense was committed is alleged as 19013, hence the information charges an impossible act and is null and void. (Terrell v. State, 165 Ind. 443, 75 N. E. 884, 2 L. R. A. N. S. 251.) The Terrell case is cited in 90 Nebr. 67, 39 D. R. A. N. S. 716, and 255 Ill. 531. The Nebraska case follows…
1Opinion of the Court
Scott, Justice.
The plaintiff in error, who was defendant below, was. charged, tried and found guilty of the crime of murder in the first degree and sentenced to suffer the extreme penalty of the law, and from the conviction and judgment he brings error.
1. The charging part of the information and verification thereto are as follows:
“Comes now William O. Wilson, County and Prosecuting Attorney of the County of Natrona, in the State of Wyoming, and in the name and by the authority of the State of Wyoming, informs the court and gives the court to understand that O. W. White, late of the county…
2Cases cited17 opinions
- McKay v. StateNebraska Supreme Court · 1911
- Calder v. SmalleySupreme Court of Iowa · 1885
- Trout v. StateIndiana Supreme Court · 1886
- State v. BrooksSupreme Court of Iowa · 1892
- State v. CrawfordSupreme Court of Iowa · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Richey v. StateWyoming Supreme Court · 1921
- Waxler v. StateWyoming Supreme Court · 1950
- Forbes v. StateWyoming Supreme Court · 2009
- Glendo State Bank v. AbbottWyoming Supreme Court · 1923
- State v. PolichMontana Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.