Clark v. Irvin
Ohio Supreme Court
Error to the common pleas of Perry. Irvin sued James, Felix, and J. J. Clark, in the court below, for assault and battery. J. J. Clark pleaded not guilty ; the other two pleaded separately son assault demesne, on which issue was taken. During the trial before a j ury, the plaintiff introduced a transcript of the proceedings before a justice upon a criminal complaint for the same assault and battery, in which J. J. Clark pleaded guilty.
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Error to the common pleas of Perry. Irvin sued James, Felix, and J. J. Clark, in the court below, for assault and battery. J. J. Clark pleaded not guilty ; the other two pleaded separately son assault demesne, on which issue was taken. During the trial before a j ury, the plaintiff introduced a transcript of the proceedings before a justice upon a criminal complaint for the same assault and battery, in which J. J. Clark pleaded guilty. The court instructed the jury that this plea of guilty wa's conclusive of the guilt of J. J. Clark, and estopped him from proving the contrary. The jury…
1Opinion of the Court
By the Court,
G-rimke, Judge.
The verdict in the case below was ■a general one of not guilty. The jury did not pass upon the issues joined by two of the defendants. 1 his has heretofore been held a sufficient ground for reversing the judgment, 5 Ohio, 227 ; and the question is, whether under the provision of our two late statutes, this court can amend the defect. The act. of the 8th of March, 1831 permits amendments before writ of error sued out. That of the 25th of Feb. 1834, authorizes the court after writ of error to amend defects in the process or pleading. A verdict can not by any…
2Cases cited1 opinion
- Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by9 opinions
- State v. C.A.Ohio Court of Appeals · 2015
- Chadima v. KovarSupreme Court of Iowa · 1915
- State ex rel. Welsh Ents., Inc. v. Indus. Comm.Ohio Court of Appeals · 2020
- In Re Will of McGrawOhio Court of Appeals · 1967
- Swigart v. SwigartOhio Court of Appeals · 1953
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