Legal Opinion

State v. Fooks

Supreme Court of Kansas

Decided January 15, 1883PublishedCited by 13 opinions

Appeal from Wabaunsee District Court. • Information, filed December 5, 1881, charging that the defendant Foohs, on the 5th day of October, 1881, in said county of Wabaunsee, and state of Kansas — : “Did then and there unlawfully, feloniously, willfully, déliberately and premeditatedly make an assault upon one George Miller, then and there being, and with a certain pistol, commonly called a revolver, then and there charged with gunpowder and divers, to wit, two leaden…

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Appeal from Wabaunsee District Court. • Information, filed December 5, 1881, charging that the defendant Foohs, on the 5th day of October, 1881, in said county of Wabaunsee, and state of Kansas — : “Did then and there unlawfully, feloniously, willfully, déliberately and premeditatedly make an assault upon one George Miller, then and there being, and with a certain pistol, commonly called a revolver, then and there charged with gunpowder and divers, to wit, two leaden bullets, which said pistol, he, the said Matthew Pooks, then and there had and held, and then and there did feloniously,…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The questions presented upon this appeal are concerning the sufficiency of the information, and the rulings of the court in admitting and rejecting testimony. It is alleged that the information is fatally defective because it does not charge that the act was done “ of malice aforethought,” and because it does not conclude with the words, “that the defendant, him, the said George Miller, in manner and form *427aforesaid, feloniously did kill and murder.” The information alleges an unlawful, felonious, willful, deliberate and premeditated…

2Cases cited3 opinions

  1. Smith v. StateSupreme Court of Kansas · 1863
  2. State v. WhiteSupreme Court of Kansas · 1875
  3. State v. McAnultySupreme Court of Kansas · 1881

3Cited by13 opinions

  1. State v. McGaffinSupreme Court of Kansas · 1887
  2. State v. DonahueSupreme Court of Kansas · 1966
  3. State v. JensenSupreme Court of Kansas · 1966
  4. Foley v. CrawfordSupreme Court of Kansas · 1928
  5. State v. GoetzSupreme Court of Kansas · 1951

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