Davis v. United States (165 U.S. 373)

by David Josiah Brewer

United States Supreme Court

165 U.S. 373

Davis  v.  United States

On October 13, 1894, defendant was indicted in the circuit court of the United States for the Western district of Arkansas for the crime of murder. A trial being had, he was found guilty, and sentenced to be hanged. This judgment was reversed by this court on the ground of error in the instructions of the court in respect to the matter of insanity. Davis v. U.S., 160 U.S. 469, 16 Sup. Ct. 353. A second trial was had, which resulted in a similar sentence, to review which this writ of error has been sued out.

The circumstances of the homicide were briefiy these, and in respect to them there was no dispute: The deceased and defendant had a misunderstanding in regard to the making of a sugar cane crop which the defendant was making for the deceased on land rented from him. About a week thereafter, and on September 18, 1894, the defendant took a gun, and slipped up to near where the deceased was at work picking cotton, shot and killed him while so at work, and while unarmed, and doing nothing towards harming defendant. He then ran away from the place where the shot was fired to the nearest town, and surrendered himself to the officers, telling them he had killed the deceased, and detailing the circumstances.

Asst. Atty. Gen. Dickinson, for the United States.

Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.

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