State v. Ellington
Idaho Supreme Court
APPEAL from District Court, Ada County. The indictment is defective in that it does not charge murder. In order to charge murder in the first degree, it must necessarily allege that the killing was done unlawfully, willfully and with deliberation, premeditation and with malice aforethought. That in the absence of such allegation it is fatally defective and does not charge murder. (Idaho Eev. Stats., secs. 6560, 6562; Leonard! v. Territory, 2 Wash.
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APPEAL from District Court, Ada County. The indictment is defective in that it does not charge murder. In order to charge murder in the first degree, it must necessarily allege that the killing was done unlawfully, willfully and with deliberation, premeditation and with malice aforethought. That in the absence of such allegation it is fatally defective and does not charge murder. (Idaho Eev. Stats., secs. 6560, 6562; Leonard! v. Territory, 2 Wash. Ter. 381, 7 Pae. 872; State v. Brown, 7 Or. 198; State v, Herr ell, 97 Mo. 105, 10 Am. St. Eep. 289, 10 S. W. 387 y Territory v. Evans, 2 Idaho,…
1Opinion of the CourtHuston, J.
The defendant was convicted of murder in the first degree, under the following indictment: “James A. Ellington is accused by the grand jury of said county of Ada, state of Idaho, upon their oaths, by this indictment, found this twenty-eighth day of December, A. D. 1894, of the crime of murder, committed as follows: The said James A. Ellington, on the twentieth day of December, A. D. 1894, at the said county of Ada, and state of Idaho, did unlawfully, willfully, feloniously, and of his deliberately premeditated malice aforethought, make an assault on one Charles Briggs, and a certain pistol,…
2Cases cited5 opinions
- People v. O'CallaghanIdaho Supreme Court · 1886
- People v. ChoyIdaho Supreme Court · 1870
- Jackson v. StateCourt of Appeals of Texas · 1891
- Holmes v. StateCourt of Criminal Appeals of Texas · 1893
- Musgrave v. StateCourt of Appeals of Texas · 1889
3Cited by30 opinions
- Carey v. StateIdaho Supreme Court · 1967
- State v. OrrIdaho Supreme Court · 1933
- State v. LundhighIdaho Supreme Court · 1917
- State v. KellerIdaho Supreme Court · 1902
- State v. GishIdaho Supreme Court · 1964
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