Clay v. State
Wyoming Supreme Court
Error to the District Court, Albany County, HoN. Charles E. CarpENTEr, Judge. Henry E. Clay was tried upon an information charging him with murder in the first degree for the killing of one George Gerber. He was found guilty as charged in the information, and sentenced to suffer the death penalty. He prosecuted error. The material facts are stated in the opinion.
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Error to the District Court, Albany County, HoN. Charles E. CarpENTEr, Judge. Henry E. Clay was tried upon an information charging him with murder in the first degree for the killing of one George Gerber. He was found guilty as charged in the information, and sentenced to suffer the death penalty. He prosecuted error. The material facts are stated in the opinion. Thé evidence showing conclusively that Burney, a witness for the prosecution, testified under promises from the attorneys for the prosecution, thereby being treated as an accomplice, it was error to charge the jury that it was for…
1ConcurrenceBeard, Justice
We are all agreed that the District Court erred in giving instructions 15 and 16; but differ in our opinion as to the effect of such error upon .the rights of the defendant, that is, whether or not it was error “affecting materially his substantial rights.” By. those instructions the jurors were told, in substance, that if they found from the evidence that the defendant had made any statements in relation to the commission of the homicide, that what he said against himself the law presumes to be true; but what he said for himself or in his own behalf they were not “bound” or “obliged” to…
2Cases cited15 opinions
- Graves v. CampbellTexas Supreme Court · 1889
- DuBois v. PerkinsOregon Supreme Court · 1891
- Kirby v. PeopleIllinois Supreme Court · 1888
- Carter v. WakemanOregon Supreme Court · 1904
- Reynolds v. City of KeokukSupreme Court of Iowa · 1887
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