Legal Opinion

State v. McDonnell

Supreme Court of Vermont

Decided January 15, 1860PublishedCited by 37 opinions

Indictment against Peter McDonnell, John Bain, and John Kelly, for the murder of John T. McKeen. Plea, not guilty, and trial by jury, at the September Term, 1859, — Bennett, J., presiding. The jury rendered a verdict of guilty as to McDonnell, and not guilty as to Bain and Kelly.

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Indictment against Peter McDonnell, John Bain, and John Kelly, for the murder of John T. McKeen. Plea, not guilty, and trial by jury, at the September Term, 1859, — Bennett, J., presiding. The jury rendered a verdict of guilty as to McDonnell, and not guilty as to Bain and Kelly. The court having allowed the respondent to except generally to the whole charge of the court, without requiring him to specify at the time any particular exceptions, it is material to detail the whole testimony given on trial, and the whole charge of the court, so far as the respondent McDonnell is in any way…

1Opinion of the Court

Eedfield, Ch. J.

I. The first objection made to the fairness of the trial in the court below, and which seems to be regarded by the prisoner’s counsel as showing, to some extent, that the animus of the whole was unfavorable to their client, is the alleged terms of disrespect in which the judge made allusion to that rule of law now recognized in this State, that the jury may judge of the law as well as the fact, in criminal cases. Any attempt on the part of ¿x judge, in the trial of an important criminal case, to prejudice the jury against- an established rule of law applicacable to all cases,…

2Cases cited1 opinion

  1. State v. CroteauSupreme Court of Vermont · 1849

3Cited by37 opinions

  1. State v. PartlowSupreme Court of Missouri · 1886
  2. State v. PattersonSupreme Court of Vermont · 1873
  3. State v. WardSupreme Court of Vermont · 1888
  4. State v. StanislawSupreme Court of Vermont · 1990
  5. State v. BurpeeSupreme Court of Vermont · 1892

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