U.S. Supreme Court
Davis v. Utah, 151 U.S. 262 (1894)
Davis v. Utah
Submitted November 15, 1893
Decided January 8, 1894
151 U.S. 262
In Utah, it is not necessary that an indictment for murder should charge that the killing was unlawful.
An indictment which clearly and distinctly alleges facts showing a murder by the unlawful killing of a human being with malice aforethought is good as an indictment for murder under the Utah statutes, although it may not indicate upon its face, in terms, the degree of that crime, and, thereby, the nature of the punishment which may be inflicted.
The indictment in this case sufficiently charged the crime of murder.
After the verdict of the jury that the defendant was guilty of murder in the first degree, the court, the defendant being present, announced that he had been convicted of murder in the first degree without any recommendation, and, as he elected to be shot, therefore it was ordered, adjudged, and decreed that he be taken, etc., and shot until he was dead. Held that this was a full compliance with the requirements of the statutes of Utah.
The case is stated in the opinion. chanroblesvirtualawlibrary