Collins v. United States
Decision Date | 30 October 1893 |
Docket Number | No. 821,821 |
Citation | 37 L.Ed. 998,150 U.S. 62,14 S.Ct. 9 |
Parties | COLLINS v. UNITED STATES |
Court | U.S. Supreme Court |
The plaintiff in error was convicted in the circuit court of the United States for the western district of Arkansas of the crime of murder, and sentenced to be hung. The circumstances of the homicide were substantially these: On the evening of July 17, 1891, there was a dance at the Valley House in Ft. Gibson. A half-brother of the defendant, named Walter Shannon, a boy about 12 years of age, was tending a soda-pop or confectionery stand in the room where the dance was going on. The deceased, Randle Lovely, who was quite drunk, took a bottle of soda-pop, drank it, and refused to pay for it. Some words passed between him and the boy, which resulted in his slapping the boy with his open hand. The boy turned to run away, and the deceased followed. Seeing the controversy, the defendant left his place in the dance, went after his pistol, took it out of the pocket of one Turner, with whom he had left it, came near to the deceased, and without a word shot him. The wounded man sank to the floor. The defendant turned and walked away, but in a few minutes returned, and, seeing Lovely lying on the floor, said, 'I have pretty near killed him; I might as well finish him,' put his pistol close to the head of the deceased, and fired a second time. After that he turned around and walked off, and fled from Ft. Gibson. The deceased was about 30 years of age, and the defendant 18.
The burden of the defense was that the homicide was manslaughter, rather than murder. In the course of his charge the judge instructed the jury as follows: ...
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Krucheck v. State
...formed intent. The rule is of long standing and was announced by the Supreme Court of the United States in Collins v. United States, 150 U.S. 62, 14 S.Ct. 9, 37 L.Ed. 998 (1893), where it was articulated in a little different fashion to say that if the defendant in a moment of passion, and ......
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...jurisdictions the killing or harming of a defendant's family member is recognized as adequate provocation. (Collins v. United States (1893) 150 U.S. 62, 14 S.Ct. 9, 37 L.Ed. 998; Whatley v. State (1890) 91 Ala. 108, 9 So. 236; Gresham v. State (1960) 216 Ga. 106, 115 S.E.2d 191; State v. Tu......
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State v. Lyle, S-93-414
...of passion does not reduce the crime below murder. U.S. v. Bordeaux, 980 F.2d 534 (8th Cir.1992). See Collins v. United States, 150 U.S. 62, 14 S.Ct. 9, 37 L.Ed. 998 (1893). The true inquiry appears to be whether the suspension of reason, if shown to exist, arising from sudden passion, cont......