Legal Opinion

M'Cauley v. United States

Supreme Court of Iowa

Decided January 15, 1846PublishedCited by 4 opinions

Certiorari to Van Burén. At the September term, 1844, of the District Court of Washington county, William M’Cauley was indicted for the murder of Don Ferdinand Coffman, on the 4th day of August preceding, and on application the venue was changed to Van Burén county.

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Certiorari to Van Burén. At the September term, 1844, of the District Court of Washington county, William M’Cauley was indicted for the murder of Don Ferdinand Coffman, on the 4th day of August preceding, and on application the venue was changed to Van Burén county. At the April lerm, 1845, of the District Court of Van Burén, the prisoner M’Cauley, then on trial, prayed the court for the privilege of withdrawing his plea of “ not guilty,” and 'entering the plea of “ guilt}-,” which was entered in form, and judgment and sentence of death pronounced by the court. The record and proceedings were…

1Opinion of the Court

Per Curiam,

Mason, Chief Justice.

The statute declares “ that in all trials for murder, the jury before whom such trial is had, if they find the prisoner guilty thereof, shall ascertain in their verdict whether it be murder or manslaughter, and if such person be convicted by confession in open court, the court shall proceed by examination of witnesses in open court to determine the degree of the crime, and shall pronounce sentence accordingly.” It appears that in the present case, on the trial below, after the testimony on the part of the prosecution had closed, the then defendant withdrew his…

2Cited by4 opinions

  1. State v. MagersOregon Supreme Court · 1899
  2. State v. RoverNevada Supreme Court · 1875
  3. Tully v. PeopleMichigan Supreme Court · 1859
  4. People v. VermilyeaNew York Supreme Court · 1827

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