State v. Wolcott
Supreme Court of Connecticut
This was an indictment for burning a dwelling-house, whereby the lives of persons were endangered. John W. Wolcott was indicted as principal in the offence, and Elisha W. Wolcott as an accessory, aiding in the commission thereof. The accused pleaded, severally, Not guilty; and the cause was tried, at New-Haven, October term, 1850. After a full hearing, it was committed to the jury, who found them, severally, guilty.
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This was an indictment for burning a dwelling-house, whereby the lives of persons were endangered. John W. Wolcott was indicted as principal in the offence, and Elisha W. Wolcott as an accessory, aiding in the commission thereof. The accused pleaded, severally, Not guilty; and the cause was tried, at New-Haven, October term, 1850. After a full hearing, it was committed to the jury, who found them, severally, guilty. The accused thereupon moved in arrest of judgment, on two grounds: 1. That when the bill of indictment under which they were tried, was before the grand-jury for their…
1Opinion of the Court
Church, Ch. J.
Under the motion in arrest of judgment, in this case, the claim of the prisoners is,
First, that while the indictment on which they have been found guilty, was under investigation, by the grand-jury, they were confined in the state’s prison, had no notice of the proceedings against them, and no opportunity to be present, to confront or examine witnesses produced against them.
The practice in this state, so far as we are informed, from the earliest times, has been, if the accused be in custody of the court, for the grand-jury to cause him to be brought before them, at the hearing,…
2Cited by35 opinions
- State v. MorrillSupreme Court of Connecticut · 1985
- People v. GoldensonCalifornia Supreme Court · 1888
- State v. TaylorSupreme Court of Connecticut · 1965
- State v. LicariSupreme Court of Connecticut · 1965
- State v. AvcollieSupreme Court of Connecticut · 1982
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