4 Idaho 529
Decided December 16, 1895
Idaho Supreme Court · decided 1895-12-16
The indictment is defective in that it does not charge murder. In order to charge murder in the first degree, it must necessarily allege that the killing was done unlawfully, willfully and with deliberation, premeditation and with malice aforethought. That in the absence of such allegation it is fatally defective and does not charge murder. (Idaho Eev. Stats., secs. 6560, 6562; Leonard! v. Territory, 2 Wash.
Good law ✅— No negative treatment on recordhow we know
Decided 1895-12-16
Cited by 8 later decisions — most recently February 1996
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1ON PETITION FOR A REHEARING.
¶2The petition for a rehearing in this case has been carefully examined. It presents no new questions, but is a mere reiteration of the case made on the hearing. To go •over the same ground covered in the decision of the court would avail nothing. We appreciate the zeal of counsel in a case of this kind, but we can only declare the law as we understand it. Petition denied.