State v. Vance
Utah Supreme Court
Appeal from District Court, Third District. — Hon. Geo. G. Armstrong, Judge. Thomas Vance appeals from a conviction of murder. APPELLANT’S POINTS. Where an indictment charges death to have been caused by two causes there can be no conviction on evidence that it was caused by one of them singly.
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Appeal from District Court, Third District. — Hon. Geo. G. Armstrong, Judge. Thomas Vance appeals from a conviction of murder. APPELLANT’S POINTS. Where an indictment charges death to have been caused by two causes there can be no conviction on evidence that it was caused by one of them singly. (State v. Smith, 67 Me. 386; State v. Lincoln, 49 N. H. 464, 470-71; Mills v. State, 52 Ind. 187, 192; State v. Palmer, 35 Me. 9; Staie v. Burgess, 40 Me. 592; Burgess v. State [Miss.], 33 So. 499; Hill v. State, 72 Miss. 527, 17 So. 375; 1 Bishop' Criminal Proced., sec. 426; 1 Wharton Grim. Law, 423;…
1ConcurrenceStraup, C. J.
I concur in the result. The information contained three counts. The first charged a homicide by beating and bruis*43ing. Tbe second by poisoning. The third by the combined and co-operating canses of both. When the state rested, the court, on the defendant’s motion, required it to elect. It elected on the third count. By such action the first and second counts were withdrawn. The case was submitted to the jury on the third count only. The defendant requested the court to charge that, before the defendant could properly be convicted, the jury must find that both the poisoning and the beating…
2Cases cited8 opinions
- Commonwealth v. DanzSupreme Court of Pennsylvania · 1905
- Pitts v. StateMississippi Supreme Court · 1871
- Zoldoske v. StateWisconsin Supreme Court · 1892
- State v. Van TasselSupreme Court of Iowa · 1897
- State v. . BestSupreme Court of North Carolina · 1892
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