41 A. 190 (Del.O. & T. 1893), State v. Warren

Citation41 A. 190, 15 Del. 487
Opinion JudgeLORE, C. J.
Party NameTHE STATE v. JOHN L. WARREN
AttorneyJohn R. Nicholson, Attorney General, and Branch R. Giles, Deputy Attorney General, for the state. James Pennewill and R. R. Kenney, for the defendant.
CourtCourt of Oyer and Terminer of Delaware

Page 190

41 A. 190 (Del.O. & T. 1893)

15 Del. 487

THE STATE

v.

JOHN L. WARREN

Court of Oyer and Terminer of Delaware, Kent County

April Term 1893

Kent County, April Term, 1893.

The prisoner was indicted for the crime of murder of the first degree, but at the trial the Attorney General in the exercise of the discretionary powers conferred upon him by virtue of his office, under the proof, withdrew the charge of murder of the first degree and asked for a conviction of murder of the second degree. The facts sufficiently appear in the charge of the Court.

Verdict: Not guilty in manner and form as indicted, but guilty of manslaughter.

John R. Nicholson, Attorney General, and Branch R. Giles, Deputy Attorney General, for the state.

James Pennewill and R. R. Kenney, for the defendant.

OPINION

LORE, C. J., (charging the jury.)

On the twenty-fifth day of February last at Mispillion Hundred, in this county, James P. Greenly went to the house of his brother-in-law, John L. Warren, and in an altercation between them there Greenly was stabbed in the left leg with a knife in the hands of Warren, which severed the femoral artery, and from which Greenly bled to death. For this act Warren stands indicted for murder in the first degree. If the evidence warranted it you might find the prisoner guilty of murder in the first degree under this indictment, or of the second degree, or of manslaughter, or if [15 Del. 488] the evidence should warrant it you might acquit him. The State, in its mercy, does not ask that he be convicted of murder in the first degree. You can therefore only convict him of murder in the second degree or of manslaughter.

Murder in the second degree is where a man kills another suddenly without any or without any considerable provocation when the killing is done, or when the mortal wound is inflicted with a deadly weapon, and it is the crime known to the common law as murder with implied malice aforethought; State vs. Buchanan, 1 Houst. Crim. Cas. 79, 85.

Malice is the test of murder. In murder of the second degree malice is implied from the unprovoked wickedness of the act itself. Malice is implied by law from every, deliberate, cruel act committed by one person against another, however sudden that act may be; State vs. Pratt, 1 Houst. Cr. Cas. 249.

Manslaughter may be defined to be the killing of a human...

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