Holt v. State

DAY, J.:

1. Section 12402-1, General Code (109 O. L. 545), providing whoever purposely and wilfully kills a policeman in the discharge of his duty is guilty of murder in the first degree and shall be punished by death, is not in conflict with Section 9, Article I of the Ohio Constitution, prohibiting “cruel and unusual punishments, nor with Section 26, Article II, providing that “All laws, of a general nature, shall have a uniform operation throughout the state.”

2. In an indictment under Section 12402-1, General Code, it is not necessary to aver that the defendant knew the deceased was an…