Legal Opinion

State v. Conley

Supreme Judicial Court of Maine

Decided July 1, 1854PublishedCited by 25 opinions

At the March term, 1854, the prisoners were tried before Shepley, C. J. on an indictment as follows: — “STATE OF MAINE. “ CUMBERLAND, ss. — At the Supreme Judicial Court, begun and holden at Portland, within and for the county of Cumberland, on the first Tuesday of March, in the year of our Lord one thousand eight hundred and fifty-four.

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At the March term, 1854, the prisoners were tried before Shepley, C. J. on an indictment as follows: — “STATE OF MAINE. “ CUMBERLAND, ss. — At the Supreme Judicial Court, begun and holden at Portland, within and for the county of Cumberland, on the first Tuesday of March, in the year of our Lord one thousand eight hundred and fifty-four. “ The jurors for said State, upon their oaths present that Martin Conley and John Conley of Portland in the county of Cumberland, laborers, on the twelfth day of February, in the year of our Lord one thousand eight hundred and fifty-four, at Portland in said…

1Opinion of the CourtTeNNEY, J.

— By the common law, felonious homicide is the killing of any human being without justification or excuse. 4 Black. Com. 188. It is divided into manslaughter and murder. Manslaughter is the unlawful killing of another without malice aforethought either express or implied, which may be either voluntary, in the heat of passion, and upon sudden provocation, or involuntary, in the commission of some unlawful act. 4 Black. Com. 191.

Murder is where a person of sound memory and discretion unlawfully kills any human being in the peace of the State, with malice aforethought either express or implied.…

2Cases cited2 opinions

  1. United States v. MarchantSupreme Court of the United States · 1827
  2. United States v. GrushU.S. Circuit Court for the District of Massachusetts · 1829

3Cited by25 opinions

  1. State v. CrockerSupreme Judicial Court of Maine · 1981
  2. State v. ParkSupreme Judicial Court of Maine · 1963
  3. State v. LaffertySupreme Judicial Court of Maine · 1973
  4. State v. PierceSupreme Judicial Court of Maine · 1981
  5. Commonwealth v. LaddSupreme Court of Pennsylvania · 1960

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