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Tully v. People

Robert and John Tully v. The People

Tully v. People, 6 Mich. 273 (1859)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 13, 1859
Citations
6 Mich. 2731859 Mich. LEXIS 9
Cited by 8
Headnotes
On the trial of an indictment for murder, a verdict of guilty of murder generally, without specifying whether of the first or second degree, is erroneous.
Summary
Error to Oakland Circuit. The defendants and one Charles Tully were indicted for the murder of Patrick Tully. The indictment contained two counts, charging the crime of murder as at the common law. On the trial, the jury returned a verdict as follows: “In this cause, the jury, heretofore impanelled, come into court, and having answered to their names, say, upon their oath, that they find the said Robert Tully and John Tully guilty in manner and form as the People have in their indictment in this cause charged; and they find the said Charles Tully not guilty in manner and form as the People have in their indictment in this cause charged.” Upon this verdict, the Court proceeded to judgment, and sentenced the plaintiffs in error to solitary confinement in the state prison for life.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The Chief Justice:

The statute (Gomp. L. §5113) .is imperative that the jury in their verdict, or the Court on plea of guilty, shall determine the degree of the crime. The judgment must be reversed. *

See the following authorities cited in the brief of counsel for plaintiff in error: People v. Potter, 5 Mich. l; Dick ®. State» 8 O, S, R. 89; Parks -y. State, Ibid. 101; Jolmson ¶. State, 17 Ala. 618 ; Kirby n. State, 7 Yerg. 259 ; dobia v. State, 16 Ala, 781; jState v. Dowd, 19 dorm. 889; McGee u State, 8 Mo. 495 ; State v. Upton, 20 Mo, 897; Mcdarvley v. Urvited States, 1 Morris 486 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1871–1872: 11875–1876: 11889–1890: 21893–1894: 11895–1896: 11909–1910: 11963–1964: 118712026peak 1889 · 2

Relies on it most ⓘ

  1. People v. Dupuis124 N.W.2d 242 (Mich. 1963)
  2. State v. Rover10 Nev. 388 (1875)
  3. People v. Repke61 N.W. 861 (Mich. 1895)
  4. State v. Reddick7 Kan. 143 (1871)
  5. Hall v. State31 Fla. 176 (1893)
  6. People v. Clark119 N.W. 1094 (Mich. 1909)

Most recent

  1. People v. Dupuis124 N.W.2d 242 (Mich. 1963)
  2. People v. Clark119 N.W. 1094 (Mich. 1909)
  3. People v. Repke61 N.W. 861 (Mich. 1895)
  4. Hall v. State31 Fla. 176 (1893)
  5. State v. Jackson99 Mo. 60 (1889)
  6. State v. Montgomery98 Mo. 399 (1889)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Johnson v. State, 17 Ala. 618 (1850) 83
McGee v. State, 8 Mo. 495 (1844) 30
M'Cauley v. United States, 1 Morris 486 (1846) 3

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