People v. O'Callaghan

Citations

• 2 Idaho 156
• 9 P. 414
• 1886 Ida. LEXIS 1

Syllabus

<p>Homicide — Statutory Definition of Murder. — The statutory definition of murder of the first degree is a distinct and substantive definition, and excludes therefrom certain homicides which would be murder at common law.</p> <p>Indictment — Language of Statute. — An indictment for murder in the first degree must be substantially in the language of the statute defining that degree of the offense.</p> <p>Same — Common Law. — An indictment for murder which would be sufficient at common law is not necessarily so for murder of the. first degree under the statute.</p> <p>Same — Criminal Pleadings — Practice.—The indictment for- murder need not name the degree, but must show by a statement of facts substantially in the language of the statute the’highest grade of the offense for which the party charged is to be tried, and then a conviction may be had for any lower degree included therein.</p> <p>Indictment — Sufficiency of — Questioning on Appeal. — The indictment must support the judgment, and this question may be raised for the first time in the supreme court.</p> <p>Same — Verdict—Modified Verdict — Presumption on Appeal,— Where the indictment sufficiently charges murder in the second degree, and the verdict is “guilty of murder of the first degree as charged,” and there is no claim that the verdict is not supported by the evidence, and no other error appearing, the supreme court may treat such verdict as a verdict for murder in the second degree and modify the judgment of the court below accordingly.</p> <p>(Syllabus by the court.)</p>