Legal Opinion

McDermott v. State

Ohio Supreme Court

Decided December 15, 1862PublishedCited by 9 opinions

Error to the court of common pleas of Trumbull county. The plaintiff in error, at the October term, 1861, of the court of common pleas of Trumbull county, was indicted for the perpetration of a rape upon one Sarah Helme, and at the same.term was tried and convicted for the crime, and sentenced to the penitentiary for a term of years.

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Error to the court of common pleas of Trumbull county. The plaintiff in error, at the October term, 1861, of the court of common pleas of Trumbull county, was indicted for the perpetration of a rape upon one Sarah Helme, and at the same.term was tried and convicted for the crime, and sentenced to the penitentiary for a term of years. During the progress of the trial before a jury, sundry rulings were made by the court, and excepted to by the plaintiff in error, including testimony offered by the plaintiff in error, and also in admitting testimony objected to by him. The purport and effect of…

1Opinion of the CourtPeck, J.

The plaintiff in error was tried by a jury in Trumbull common pleas, found guilty of a rape upon one Sarah Helme, and sentenced to the penitentiary. He now seeks to reverse that conviction and sentence upon two principal grounds.

1. Eor error in excluding from the jury testimony offered by him, that said Sarah,'while on the cars, on her way to the town of Warren, where the ravishment is said to have occurred, agreed with a third person to meet him on a future day in Youngstown, and have sexual intercourse with him there; and also, that she proposed to such third person, that if she did not…

2Cited by9 opinions

  1. State Ex Rel. Pope v. Superior CourtArizona Supreme Court · 1976
  2. Pittsburgh, Fort Wayne, & Chicago Railway Co. v. RubyIndiana Supreme Court · 1871
  3. People v. McLeanMichigan Supreme Court · 1888
  4. Hofacre v. City of MonticelloSupreme Court of Iowa · 1905
  5. Rice v. StateSupreme Court of Florida · 1895

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