Bixbee v. State
Ohio Supreme Court
This was a writ of error reserved for decision in the county of Huron. The original case was an indictment containing several counts, charging H. and G. Bixbee with shooting R. Prior and P. McCormick, with intent to kill and wound. When the cause was called for trial, the accused claimed each a separate trial, which the court refused to allow.
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This was a writ of error reserved for decision in the county of Huron. The original case was an indictment containing several counts, charging H. and G. Bixbee with shooting R. Prior and P. McCormick, with intent to kill and wound. When the cause was called for trial, the accused claimed each a separate trial, which the court refused to allow. In selecting the jury, G. Bixbee challenged one juror, with w'hich juror, H. Bixbee declared himself content, and insisted upon retaining. ' The challenge was allowed. H. Bixbee-then challenged another juror, whom G. Bixbee insisted to retain. This…
1Opinion of the Court
Judge Lane
delivered the opinion of the court:
There are certain offenses which can not be committed by more than one individual, consequently two can not be presented of such, in one indictment. , 1 Chit., Crim. L. 267. But wherever offenses may be committed by several, they may be united in the same accusation. Id. 270. When the joinder is permitted the court is authorized, at its discretion, to try them together or separately, as will best advance the ends of justice. But in the exercise of this discretion the court will be careful that the rights of the prisoner are not jeopardized by the…
2Cited by1 opinion
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