Downing v. State
Wyoming Supreme Court
Error to the District Court, Carbon County, Hon. Richard H. Scott, Judge of First Judicial District, presiding. George W. Downing was indicted and tried for murder in the first degree. He was found guilty of murder in the second degree, and prosecuted error. The evidence was not preserved in the bill of exceptions; but it was contended that the instructions were erroneous as applied to any possible state of facts. A motion to dismiss was formerly overruled.
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Error to the District Court, Carbon County, Hon. Richard H. Scott, Judge of First Judicial District, presiding. George W. Downing was indicted and tried for murder in the first degree. He was found guilty of murder in the second degree, and prosecuted error. The evidence was not preserved in the bill of exceptions; but it was contended that the instructions were erroneous as applied to any possible state of facts. A motion to dismiss was formerly overruled. (10 Wyo., 373.) The other facts are stated in the opinion. The court erred in instructing the jury that, “The premeditated malice…
1Opinion of the Court
Knight, Justice.
This case having been before this court at the last term thereof (69 Pac., 264; 10 Wyo., 373) upon a motion to dismiss this appeal, for the reason that the bill of exceptions does not contain the testimony adduced on the trial in said case, or any part thereof, and is, therefore, insufficient upon which to predicate error in this court, and in the ruling upon said motion and the reasons given for denying the same. Much is said that is not necessary to now repeat, and that makes reference to that opinion necessary to obtain the conditions and restrictions under which this case…
2Cases cited3 opinions
- Ross v. StateWyoming Supreme Court · 1899
- Drinkout v. Eagle Machine WorksIndiana Supreme Court · 1883
- Downing v. StateWyoming Supreme Court · 1902
3Cited by6 opinions
- State v. BlaineWashington Supreme Court · 1911
- Hollywood v. StateWyoming Supreme Court · 1912
- Claussen v. StateWyoming Supreme Court · 1913
- State v. WoodwardWyoming Supreme Court · 1952
- State v. HawkinsWashington Supreme Court · 1916
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