Traube v. State
Mississippi Supreme Court
ERROR to the Circuit Court of Lawrence County. Hon. A G. Mayers, Judge. The case is stated in the opinion of the court. The finding is a good verdict of manslaughter, and the words, “in the second degree,” are mere surplusage. The jury, by their verdict, acquitted the defendant of the charge of murder, but found him guilty of manslaughter, as they had the right to do under the indictment.
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ERROR to the Circuit Court of Lawrence County. Hon. A G. Mayers, Judge. The case is stated in the opinion of the court. The finding is a good verdict of manslaughter, and the words, “in the second degree,” are mere surplusage. The jury, by their verdict, acquitted the defendant of the charge of murder, but found him guilty of manslaughter, as they had the right to do under the indictment. Under the issue, no question as to the degree of manslaughter was iuvolved, for the law recognizes no degrees of that offence. If a jury find facts not submitted to them, and also find the issue presented,…
1Opinion of the CourtChalmers, J.
Plaintiff in error was indicted for murder. The jury returned a verdict in the following words : “We, the jury, find the defendant guilty of manslaughter in the second degree.” Motion in arrest of judgment- was made, upon the ground that the defendant had been convicted of no offence known to the law, there being no degrees of manslaughter in this State. The motion was overruled, and the defendant sentenced, as upon a conviction of manslaughter, to seven years’ imprisonment in the penitentiary. This action of the court is the only error assigned.
Upon the part of the plaintiff in error it is…
2Cases cited3 opinions
- Armstong v. PeopleIllinois Supreme Court · 1865
- People v. BoggsCalifornia Supreme Court · 1862
- Gipson v. StateMississippi Supreme Court · 1872
3Cited by9 opinions
- People v. BoerIllinois Supreme Court · 1914
- Ex parte BurdenMississippi Supreme Court · 1907
- State v. BirdSupreme Court of Missouri · 1921
- Ellard v. StateMississippi Supreme Court · 1963
- Jenkins v. StateMississippi Supreme Court · 1927
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