Rowe v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. This was an indictment for murder, alleged to have been committed by the plaintiff in error, in the Cherokee Nation, Indian Territory, on the 30th day of March, 1895, —• the person killed, Frank Bozeman, being a white man and not an Indian.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. This was an indictment for murder, alleged to have been committed by the plaintiff in error, in the Cherokee Nation, Indian Territory, on the 30th day of March, 1895, —• the person killed, Frank Bozeman, being a white man and not an Indian. The verdict was guilty of manslaughter, and a motion for new trial having been overruled, the accused was sentenced to imprisonment in the penitentiary at Columbus, Ohio, for the term of five years, and to pay to the United States a fine of five hundred dollars. The…
1Opinion of the CourtJustice Harlan
We think that these portions of the charge (to which the accused duly excepted) were well calculated to mislead the jury. They expressed an erroneous view of the law of self-defence. The duty of the jury was to consider the case in the light of all the facts. The evidence on behalf of the government tended to show that the accused sought a difficulty with some one; that on behalf of the accused, would not justify any such conclusion, but rather that he had the reputation of being a peaceable and law-abiding man. But the evidence on both sides was to the effect that the deceased used language…
2Cases cited2 opinions
- Beard v. United StatesSupreme Court of the United States · 1895
- State v. DillonSupreme Court of Iowa · 1888
3Cited by45 opinions
- Brown v. United StatesSupreme Court of the United States · 1921
- People v. RiddleMichigan Supreme Court · 2002
- State v. OwenIdaho Supreme Court · 1953
- United States v. Bennie L. PetersonCourt of Appeals for the D.C. Circuit · 1973
- United States v. SmithUnited States Court of Military Appeals · 1963
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