Pierce v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. ' The plaintiffs in error were indicted for the murder on January 15, 1895, in the Cherokee Nation in the Indian country, of one William Yandeveer, a white man and not an Indian. There were two counts in the indictment. The first charged the murder to have been committed with a gun, and the second charged it to have been committed “ with a certain blunt instrument.”
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. ' The plaintiffs in error were indicted for the murder on January 15, 1895, in the Cherokee Nation in the Indian country, of one William Yandeveer, a white man and not an Indian. There were two counts in the indictment. The first charged the murder to have been committed with a gun, and the second charged it to have been committed “ with a certain blunt instrument.” The jury found both defendants guilty of murder as charged in the first count, and they were accordingly both sentenced to death. Submitted on…
1Opinion of the CourtJustice Brown
This case was submitted upon the brief of the Attorney General, and upon the material parts of the record. Defendants did not appear at the hearing.
1. The first error assigned is to the refusal of the court to compel the government to elect upon which count of the indictment it would proceed. The two counts differ from each other only in stating the manner in which the murder was committed.. Testimony was introduced upon the trial tending to show that deceased had been shot in the forehead, and also hit on the head with a hammer. The question whether the prosecution should be compelled to…
2Cases cited3 opinions
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Sparf v. United StatesSupreme Court of the United States · 1895
- Pointer v. United StatesSupreme Court of the United States · 1894
3Cited by65 opinions
- Dickerson v. United StatesSupreme Court of the United States · 2000
- Culombe v. ConnecticutSupreme Court of the United States · 1961
- Bram v. United StatesSupreme Court of the United States · 1897
- Wilson v. United StatesSupreme Court of the United States · 1896
- United States Ex Rel. Bilokumsky v. TodSupreme Court of the United States · 1923
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