State v. Doty
Ohio Supreme Court
Exceptions by the Prosecuting Attorney to the Decision of the Court of Common Pleas of. Hamilton county. The indictment in this case was oné which charged one Gabriel Sullivan, the defendant Herbert Doty, and three others, jointly as principals, with murder in the first degree in causing the death of one James Shall by the use and discharge of a pistol. The defendant Doty was tried separately.
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Exceptions by the Prosecuting Attorney to the Decision of the Court of Common Pleas of. Hamilton county. The indictment in this case was oné which charged one Gabriel Sullivan, the defendant Herbert Doty, and three others, jointly as principals, with murder in the first degree in causing the death of one James Shall by the use and discharge of a pistol. The defendant Doty was tried separately. Gabriel Sullivan, the actual user of the pistol, had pleaded guilty to murder, and the court, previous to the trial of this case, having fixed the degree of his crime at second degree murder, he was…
1Opinion of the CourtJones, J.
Although Plerbert Doty and his associate defendants were indicted as principals, under such an indictment by virtue of Section 12380, General Code, either of the defendants could be prosecuted and punished as if he were the principal offender. Although charged as principal in the indictment, Doty was in fact prosecuted, under the conceded facts in this case, as an aider and abettor. The entire case of the state was prosecuted upon the theory that although the death of Shall was actually caused by a pistol shot fired by Sullivan, Doty and his associates had conspired with Sullivan in a common…
2Cases cited5 opinions
- Williams v. StateSupreme Court of Alabama · 1886
- Lamb v. PeopleIllinois Supreme Court · 1880
- State v. DarlingSupreme Court of Missouri · 1909
- People v. GukouskiIllinois Supreme Court · 1911
- Peden v. StateMississippi Supreme Court · 1883
3Cited by33 opinions
- State v. LozaOhio Supreme Court · 1994
- State v. RobbinsOhio Supreme Court · 1979
- State v. ClarkOhio Supreme Court · 1988
- State v. MelchiorOhio Supreme Court · 1978
- The People v. CaldwellIllinois Supreme Court · 1968
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