Murder In 1849 Common Law Or Equity

[KITCHIE]

A froend of mine posed this question to me and I told him I would ask you.

In a murder committed in 1849 did it come under common law or equity?

If it comes under common law, what was the law they applied?

If it came under equity did that fall under a statute?

Kitchie

[idknow]

Originally Posted by KITCHIE

A froend of mine posed this question to me and I told him I would ask you.

In a murder committed in 1849 did it come under common law or equity?

If it comes under common law, what was the law they applied?

If it came under equity did that fall under a statute?

Kitchie

Well, i'll supopose and say the following base on what is going on now:

1849 clearly predates the SCOTUS opinion of Erie v. Thompson of 1933;

and it predates the faux 14th and 13th Amendments;

and (i note for myself) that it might also have occured in a Territory which,
if true, would have put the act under federal jurisdiction of Congress;

otherwise, if in a fully-joined state, i think it would most likely
be a common law crime.

with ensuing death sentence and all.

[David Merrill]

The court system today is still technically common law. That is to say it relies upon stare decisis (citation of case law). Since 1938 however that stare decisis has been replaced by Erie Doctrine; or a federalized bankruptcy style of common law. Justice Brandeis declared case law faulty between Swift v. Tyson (1842) and Erie RR Company v. Thompson (1938). That effectively reset the "common law" to be a new post-bankruptcy (1933), style of case citations.


Regards,

David Merrill.

"Our Government is the potent, the omnipresent teacher. For good
or ill, it teaches the whole people by example. Crime is
contagious. If the Government becomes a lawbreaker, it breeds
contempt for the law; it invites every man to become a law unto
himself."
- Supreme Court Justice Louis D. Brandeis. Part of his dissent in
Olmstead v. United States", 277 U.S. 438, 485 (1928)

Another proof that the supreme black robes are influenced by the special interest lobbyists and can be bought. His (Brandeis) ruling was obviously staged in the Erie case.. all part of the plan. This can be easily seen when you contrast that decision with his statement quoted at the top.

Jerry.

[idknow]

Originally Posted by David Merrill

The court system today is still technically common law. That is to say it relies upon stare decisis (citation of case law). Since 1938 however that stare decisis has been replaced by Erie Doctrine; or a federalized bankruptcy style of common law. Justice Brandeis declared case law faulty between Swift v. Tyson (1842) and Erie RR Company v. Thompson (1938). That effectively reset the "common law" to be a new post-bankruptcy (1933), style of case citations.


Regards,

David Merrill.

D, that doesnt actually help; the common-law is entombed by commerce and equity and that's surrounded by The Secret which is supported by no-federal-common-law.

[KITCHIE]

I appreciate the thought and research you all did to help on this question.

David I am going to go read Swift v Tyson thanks for that.

Jerrypitts and idknow I appreciate your comments. Being old and no longer blonde I will have to read several times to get the magnitude of what you say.

I LOVE THIS CITE!!!!

kITCHIE