Tyler v. People
Michigan Supreme Court
Error to St. Clair Circuit. The pleadings in this case may be found in *1 Mich. 162. Subsequent to the decision of the questions there passed upon by this court, the plaintiff in error put in a plea of Not Guilty, was tried, convicted of murder in the second degree, at the November term, 1859, and sentenced to six years imprisonment in the state prison. Exceptions were filed, and a writ of error taken to this court.
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Error to St. Clair Circuit. The pleadings in this case may be found in *1 Mich. 162. Subsequent to the decision of the questions there passed upon by this court, the plaintiff in error put in a plea of Not Guilty, was tried, convicted of murder in the second degree, at the November term, 1859, and sentenced to six years imprisonment in the state prison. Exceptions were filed, and a writ of error taken to this court. From the bill of exceptions it appears that the defendant requested the court to charge the jury, first: “that if they believed, from the evidence introduced tending to show it,…
1Opinion of the Court
Manning J.:
The errors assigned in this case present the following questions for the decision of the court: First, Is the plea of a former conviction a bar to the j>rosecution; Second, Had the Circuit Court cognizance of the offense charged in the first count of the indictment: Third, Did the court err in refusing to charge the jury' that, if Jones died in the county of St. Clair, of a wound inflicted by the prisoner on that.part of the St. Clair river not within the limits of the state, (as there was no evidence to support the second count in the indictment) they should acquit the prisoner.…
2Cases cited2 opinions
- Sears v. CottrellMichigan Supreme Court · 1858
- People v. TylerMichigan Supreme Court · 1859
3Cited by45 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- People ex rel. Twitchell v. BlodgettMichigan Supreme Court · 1865
- Couey v. AtkinsOregon Supreme Court · 2015
- Lane v. StateSupreme Court of Florida · 1980
- Commonwealth v. MacloonMassachusetts Supreme Judicial Court · 1869
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