William R. Day

“ This section permits the jury to add to the verdict, where the accused is found guilty of murder in the first degree, 'without capital punishment,' in which case the convicted person is to be sentenced to imprisonment for life. The fact that the jury may thus mitigate the punishment to imprisonment for life did not render the conviction less than one for the first degree murder. ”

“ Certain jurors were challenged for cause upon the ground that they were in favor of nothing less than capital punishment in cases of conviction for murder in the first degree. It may well be that as to one of these jurors, one Williamson, the challenge should have been sustained. The juror was peremptorily challenged by the accused, and did not sit upon the jury. ”

“ Robert F. Stroud was indicted for the killing of Andrew Turner. The indictment embraced the elements constituting murder in the first degree. The homicide took place in the United States prison at Leavenworth, Kan., where Stroud was a prisoner and Turner a guard. The record discloses that Stroud killed Turner by stabbing him with a knife, which he carried concealed on his person. ”