Howell v. State
Ohio Supreme Court
Error to the Court of Appeals of Stark county. Plaintiff in error,. Dick Howell, was indicted and convicted of murder in the first degree, without recommendation of mercy. The indictment charged premeditated murder. On the trial the defendant offered evidence claiming an accidental killing. The judgment pronouncing sentence upon the accused was affirmed by the court of appeals, whereupon error was prosecuted to this court.
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Error to the Court of Appeals of Stark county. Plaintiff in error,. Dick Howell, was indicted and convicted of murder in the first degree, without recommendation of mercy. The indictment charged premeditated murder. On the trial the defendant offered evidence claiming an accidental killing. The judgment pronouncing sentence upon the accused was affirmed by the court of appeals, whereupon error was prosecuted to this court. The principal errors claimed are that the trial court unduly invaded the province of the jury in its general charge upon the question of recommendation of mercy; and that…
1Opinion of the CourtJones, J.
In respect to the right of the jury to recommend mercy the trial court charged them that *414it was their duty, in the event they found the defendant guilty of murder in the first degree, as charged in the indictment, “to consider and determine whether or not, in view of all the circumstances and facts leading up to, and attending the alleged homicide as disclosed by the evidence, you [they] should or should not make such recommendation.”
The Ohio statute, touching upon that subject, is as follows:
“Sec. 12400. Whoever, purposely, and either of deliberate and premeditated malice, or by means of…
2Cases cited9 opinions
- Winston v. United StatesSupreme Court of the United States · 1899
- People v. RogersCalifornia Supreme Court · 1912
- Inman v. StateSupreme Court of Georgia · 1884
- Vickers v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Vann v. StateSupreme Court of Georgia · 1889
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