Robbins v. State
Ohio Supreme Court
"Writ of error to reverse tb.e judgment of the Common Pleas of Marion county. The plaintiff in error was indicted at the November term, 1857, of the common pleas, for the murder of Nancy Holly, by administering poison. The first and seventh counts of the indictment, being the counts relied on to sustain the judgment, are as follows, (omitting a part of the superfluous language used,) to wit: “ The State of Ohio, Marion county, ss.
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"Writ of error to reverse tb.e judgment of the Common Pleas of Marion county. The plaintiff in error was indicted at the November term, 1857, of the common pleas, for the murder of Nancy Holly, by administering poison. The first and seventh counts of the indictment, being the counts relied on to sustain the judgment, are as follows, (omitting a part of the superfluous language used,) to wit: “ The State of Ohio, Marion county, ss. “ The court of common pleas within and for the county of Marion, and State of Ohio, of the term of November, in the year of our Lord one thousand eight hundred and…
1Opinion of the CourtBartley, C. J.
i'iuiubiuus questions, some of which are of grave importance, are raised by tbe assignments of error in this case. Tbey will be noticed in tbe order, as near as may be, in which tbey are presented on tbe record.
Tbe first assignment of error raises the question of tbe right of tbe accused to elect to be tried in tbe district court. Tbe statute, directing tbe mode of trial in criminal cases, (Rev. Stat. 724,) provides, that on tbe arraign*161ment of a person indicted for a capital offense, and before pleading, he shall be allowed the liberty to elect whether he will be tried in the supreme court of…
2Cases cited3 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- Commonwealth v. JonesGeneral Court of Virginia · 1829
- Fisk v. City of HartfordSupreme Court of Connecticut · 1897