Scaccuto v. State

This is a first degree murder case. The homicide occurred in the village of Wellsville, Columbiana county, Ohio, about 2 o’clock a. m., on May 17, 1926. The charge upon which the conviction was based was the shooting of a police officer while he was engaged in the discharge of his official duty. The indictment contained two counts. The first count charged willful, malicious, and premeditated murder. The second count charged the willful, malicious, and intentional killing of a policeman while on duty. The jury found the accused guilty only upon the second count in the indictment, and…