Goodlove v. State
Wyandotte County Circuit Court
Plaintiff in error was indicted for murder in the first degree. He was convicted of manslaughter and sentenced to the penitentiary. Prom this judgment he now prosecutes error. The various errors assigned as grounds for reversal will be considered in their order.
1Opinion of the Court
First. It is claimed that the indictment is bad in that it charges nothing more than an assault with intent to kill one Percy Stuckey, alias Frank McCormick, and also the shooting with intent to kill, but not homicide.
It appears that the indictment-is in the usual form for charging first degree murder, but that the scrivener in copying that form omitted one phrase usually inserted, i. e., immediately after the statement “did strike, penetrate and wound with intent aforesaid” he omitted the following averment “thereby then and there giving to him, the said Frank McCormick, with said leaden…
2Cases cited20 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- United States v. CookSupreme Court of the United States · 1872
- Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
- Evans v. United StatesSupreme Court of the United States · 1894
- Kennedy v. . the PeopleNew York Court of Appeals · 1868
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