Lindsay v. State
Wyandot Circuit Court
Indictment follows form approved in Blair v. State, 3 Circ. Dec. 242 (5 R. 496j. Deliberate and premeditated malice is not essential to be averred. Robbins v. State, 8 Ohio St. 131. ■ 1 The charge that the murder was committed by all five defendants without an allegation that one of them committed the crime is proper. Jones v. State, 7 Circ. Dec. 305 (14 R. 35). The act of one is the act of all jointly engaged in the unlawful act.
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Indictment follows form approved in Blair v. State, 3 Circ. Dec. 242 (5 R. 496j. Deliberate and premeditated malice is not essential to be averred. Robbins v. State, 8 Ohio St. 131. ■ 1 The charge that the murder was committed by all five defendants without an allegation that one of them committed the crime is proper. Jones v. State, 7 Circ. Dec. 305 (14 R. 35). The act of one is the act of all jointly engaged in the unlawful act. Section 6804 Rev. Stat.; Stephens v. State, 42 Ohio St. 150. Sixth and seventh reasons assigned why indictment should be quashed contradict the record, and cannot…
1Opinion of the CourtVoorhees, J.
Plaintiff in error was indicted, together with four others, at the April term of the court of common pleas ot Wyandot county, Ohio, on July 27, 1901, for the murder of William C. Johnson, on September 11» 1900. At said term plaintiff in error was tried and convicted of murder in the second degree, and sentenced to the penitentiary for life.
Error is prosecuted to this court, and numerous grounds are assigned for the reversal of the judgment. Among the errors assigned are:
1. Irregularity in selecting a special grand jury.
2. That the indictment is defective in form, viz: That it does not define…
2Cases cited10 opinions
- State v. . GrahamSupreme Court of North Carolina · 1876
- People v. LauderMichigan Supreme Court · 1890
- State v. Ah ChueyNevada Supreme Court · 1879
- Boone v. PeopleIllinois Supreme Court · 1894
- State v. CunninghamSupreme Court of Missouri · 1889
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