State v. Clark
Supreme Court of Kansas
Appeal from Washington district court; Hugh Alexander, judge. STATEMENT. The appellant and his brother, Tom Clark, were jointly charged by information with, the crime of murder in the first degree for the killing of one Owen Masten on or about April 17, 1903. Appellant demanded a separate trial, was convicted of murder in tbe second degree, and sentenced to imprisonment in .tbe penitentiary for the term of twenty-one years.
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Appeal from Washington district court; Hugh Alexander, judge. STATEMENT. The appellant and his brother, Tom Clark, were jointly charged by information with, the crime of murder in the first degree for the killing of one Owen Masten on or about April 17, 1903. Appellant demanded a separate trial, was convicted of murder in tbe second degree, and sentenced to imprisonment in .tbe penitentiary for the term of twenty-one years. The substance of the testimony on behalf of the state, given briefly, was as follows : On the morning of April 17, 1903, James Tunks,. who operated a thrashing-machine,…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
If the testimony tended to show that the appellant, without justification or excuse, as defined in sections 9 and 10 of the crimes act (Gen. Stat. 1901, §§1994, 1995) killed, or assisted, aided, or abetted in killing, Masten, without malice, expressed or implied, then the grade of his offense was reduced from murder to one of the degrees of manslaughter. Manslaughter is distinguished from murder by the absence of malice as a constituent element. *581If, under the influence of some violent emotion, á. sudden intent was formed which, upon adequate…
2Cases cited8 opinions
- Stevenson v. United StatesSupreme Court of the United States · 1896
- Craft v. StateSupreme Court of Kansas · 1866
- State v. KornstettSupreme Court of Kansas · 1900
- State v. BohanSupreme Court of Kansas · 1877
- State v. DicksonSupreme Court of Kansas · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- People v. Christian S.California Supreme Court · 1994
- State v. FaulknerCourt of Appeals of Maryland · 1984
- State v. BerrySupreme Court of Kansas · 2011
- State v. WintersSupreme Court of Kansas · 1909
- State v. JensenSupreme Court of Kansas · 1966
23 more not listed; retrieve them via the Exa API.