State v. Witt
Supreme Court of Kansas
Appeal from Chautauqua District Court. Information for murder iu tbe first degree. The defendant 8. D. Witt was charged with the felonious shooting and killing of C. Bernhardt, in the county of Chautauqua, on the 23d day of September, 1883. Trial at the November Term, 1883, of the district court .of said county. After the testimony had been concluded the defendant asked the court to give the jury the following special instructions: “First.
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Appeal from Chautauqua District Court. Information for murder iu tbe first degree. The defendant 8. D. Witt was charged with the felonious shooting and killing of C. Bernhardt, in the county of Chautauqua, on the 23d day of September, 1883. Trial at the November Term, 1883, of the district court .of said county. After the testimony had been concluded the defendant asked the court to give the jury the following special instructions: “First. If the jury, or any one of the jury, after consideration of all the evidence in said cause, entertain a reasonable doubt as to whether or not the…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The appellant was accused of the offense of murder in the first degree, and at the trial was convicted therefor. Among his objections to the conviction he complains of the charge of the court, where the jury are told that—
“A mere difference in the spelling of the name which the deceased bore, and that alleged in the information to have been his name, is immaterial, if the name proved be idem sona/ns, as the law books express it; that is, of the same sound, or sounding the same with the name stated in the information. It is necessary,…
2Cases cited8 opinions
- Clem v. StateIndiana Supreme Court · 1873
- State v. BybeeSupreme Court of Kansas · 1877
- Chapman v. StateSupreme Court of Georgia · 1855
- Castle v. StateIndiana Supreme Court · 1881
- State v. BeanSupreme Court of Vermont · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. DonahueSupreme Court of Kansas · 1966
- State v. JensenSupreme Court of Kansas · 1966
- Pye v. StateCourt of Criminal Appeals of Texas · 1912
- State v. RogersSupreme Court of Kansas · 1896
- Central Branch Union Pacific Railroad v. AndrewsSupreme Court of Kansas · 1889
21 more not listed; retrieve them via the Exa API.