Moynahan v. People
Supreme Court of Colorado
Error to District Court of Fremont County. At the November term, 1876, of the district court, Moynahan, the plaintiff in error, was indicted for the murder of Patrick Pitz Patrick, tried and convicted. It appeared upon the trial that the name of the deceased was Patrick Fitzpatrick.
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Error to District Court of Fremont County. At the November term, 1876, of the district court, Moynahan, the plaintiff in error, was indicted for the murder of Patrick Pitz Patrick, tried and convicted. It appeared upon the trial that the name of the deceased was Patrick Fitzpatrick. The court instructed the jury upon the question of the name that “ the jury must also believe from the evidence that the name of the deceased alleged in the indictment to have been killed, was Patrick Fitzpatrick, in order to find the defendant guilty.” The second and third instructions were as follows : “2. If…
1Opinion of the CourtWells, J.
In the indictment upon which the plaintiff in error was arraigned, the deceased, where first mentioned, is designated as Patrick Pitz Patrick; the three words composing the name being written separately, and each with a capital initial. In the two succeeding allegations in which the injured person is mentioned he is described as “the said Patrick Fitzpatrick”; the syllables composing the name being divided into two words only. In all the allegations which follow, he is described as in the first instance.
Assuming for the present that the differences which have been noticed in the orthography…
2Cases cited10 opinions
- Fitts v. FittsTexas Supreme Court · 1855
- Harwell v. FittsSupreme Court of Georgia · 1856
- Fitts v. DavisIllinois Supreme Court · 1866
- Merrill v. BickfordSupreme Judicial Court of Maine · 1876
- Little v. FittsSupreme Court of Alabama · 1858
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sullivan v. PeopleColorado Court of Appeals · 1895
- John Deere Plow Co. v. County of PhillipsSupreme Court of Colorado · 1935
- Sullivan v. PeopleColorado Court of Appeals · 1895