Legal Opinion

Smith v. State

Supreme Court of Connecticut

Decided June 15, 1882PublishedCited by 3 opinions

Writ of error to this court from a judgment of the Superior Court upon an indictment for murder. The plaintiff in error was found guilty of murder in the first degree and was sentenced to be executed.

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Writ of error to this court from a judgment of the Superior Court upon an indictment for murder. The plaintiff in error was found guilty of murder in the first degree and was sentenced to be executed. The indictment was as follows:— To the Honorable Superior Court of the state of Connecticut, now sitting in New Haven, within and for the county of New Haven, on the first Tuesday of January, in the year of our Lord, one thousand eight hundred and eighty-one: The grand jurors within and for said county, on their oaths present and inform that James Smith, of the town of Derby, in said county of…

1Opinion of the CourtCarpenter, J.

This is a writ of error brought originally to this court. It seeks to reverse the judgment of the Superior Court, which passed sentence of death upon the plaintiff in error. Two errors were assigned, one of law and one of fact. The latter error the Superior Court alone would have jurisdiction of, and on objection taken by the' state’s attorney this assignment of error was stricken out, and the cause was heard on the alleged error of law.

*196The error alleged is that the indictment is insufficient, inasmuch as it does not set out the facts and circumstances essential to constitute the crime of…

2Cases cited2 opinions

  1. State v. HamlinSupreme Court of Connecticut · 1879
  2. State v. DowdSupreme Court of Connecticut · 1849

3Cited by3 opinions

  1. State v. EdwardsSupreme Court of Connecticut · 1972
  2. State v. CrossSupreme Court of Connecticut · 1900
  3. McBrien v. WardenSupreme Court of Connecticut · 1966

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