Tyler v. People
Decision Date | 14 October 1859 |
Citation | 7 Mich. 161 |
Court | Michigan Supreme Court |
Parties | The People v. William Tyler |
Heard June 1, 1859; June 2, 1859; June 3, 1859; June 4, 1859 [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material]
Case reserved from St. Clair circuit.
On the fourth day of February, 1859, defendant was indicted in the circuit court for the county of St. Clair for murder. The indictment charged that Tyler, on the twenty-ninth day of November, 1858, "with force and arms, on navigable waters without the limits of the state, in and on board the brig Concord then and there being in the river St. Clair, without the limits of the state of Michigan, in and upon one Henry Jones in the peace of God then and there being, feloniously, willfully, and of his malice aforethought, did make and assault, and that the said William Tyler a certain pistol of the value of two dollars then and there charged with gunpowder and one leaden bullet, which said pistol he, the said William Tyler, in his right hand then and there had and held, then and there feloniously, willfully, and of his malice aforethought, did discharge and shoot off, to, against and upon the said Henry Jones, and that the said William Tyler, with the leaden bullet aforesaid, out of the pistol aforesaid, then and there, by force of the gunpowder aforesaid, by the said William Tyler discharged and shot off as aforesaid, then and there feloniously, willfully, and of his malice aforethought, did strike, penetrate and wound him, the said Henry Jones, in and upon the left side of the head of him, the said Henry Jones, giving to him, the said Henry Jones, then and there, with the leaden bullet aforesaid so as aforesaid discharged and shot out of the pistol aforesaid, by the said William Tyler, in and upon the left side of the head of him, the said Henry Jones, one mortal wound, of the depth of four inches, and of the breadth of half an inch, of which said mortal wound the said Henry Jones, from the said twenty-ninth day of November, in the year aforesaid, until the thirtieth day of November, as well on the navigable waters aforesaid, as in the city of Port Huron, in the county of St. Clair, in the state of Michigan, did languish, and languishing did live, on which said thirtieth day of November, in the year aforesaid, the said Henry Jones, in the said city of Port Huron, in the said county of St. Clair, in the state of Michigan aforesaid, of the said mortal wound died; and so the jurors aforesaid, upon their oaths aforesaid, do say that the said William Tyler, the said Henry Jones, in manner and by the means aforesaid, feloniously, willfully, and of his malice aforethought, did kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Michigan." [*]
A second count charged the murder as committed at Port Huron, in the county of St. Clair.
On the fourth day of May, 1859, Tyler was arraigned on said indictment, and pleaded thereto as follows:
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