State v. Miller
Delaware Court of Oyer and Terminer
Indictment for murder ot .the first degree, for the felonious killing of one Noah Benson, a colored man, living at Delaware City in said County, whose headless body was taken from the basin of the Delaware and Chesapeake Canal" at that place on the morning of December 26, 1891. The facts proved at the trial show that the deceased when last seen alive was in the company of the defendants on the evening of Thanksgiving Day, 1891, going in the direction of the house of George…
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Indictment for murder ot .the first degree, for the felonious killing of one Noah Benson, a colored man, living at Delaware City in said County, whose headless body was taken from the basin of the Delaware and Chesapeake Canal" at that place on the morning of December 26, 1891. The facts proved at the trial show that the deceased when last seen alive was in the company of the defendants on the evening of Thanksgiving Day, 1891, going in the direction of the house of George Henry Hutt and about a square therefrom; that one of the defendants, Daniel Miller, on Friday following Thanksgiving Day…
1Opinion of the Court
Grubb, J:
In regard to whether there is sufficient evidence of the corpus delicti to go before the jury; viz., that Noa i Benson is dead and that his death was criminally caused, prior to the date laid in this indictment, or on or about the 26th of November, 1891,—the Court are unanimously of the opinion that we should leave that to the jury to decide, upon all the evidence before! them.
As to the question of venue, the State is bound to show to the *567jury either by direct testimony or by testimony from which the jury may infer it beyond a reasonable doubt, that the crime was committed in this…
2Cited by10 opinions
- DeJesus v. StateSupreme Court of Delaware · 1995
- Johnson v. StateSupreme Court of Delaware · 1975
- Shipley v. StateSupreme Court of Delaware · 1990
- State v. LindseySupreme Court of Louisiana · 1986
- Ball v. SkinnerSupreme Court of Iowa · 1907
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