Mitchell v. State
Ohio Supreme Court
Ebbor to the Court of Common Pleas of Franklin county. At the October term, 1883, of .the court of common pleas of Franklin county, an indictment was found against John Mitchell, in which it was charged, that on September 3, 1883, with a revolving pistol, loaded witli gunpowder and two leaden balls, he unlawfully, maliciously, purposely and feloni-ously did shoot Gleorge Eigensee, with intent to kill him.
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Ebbor to the Court of Common Pleas of Franklin county. At the October term, 1883, of .the court of common pleas of Franklin county, an indictment was found against John Mitchell, in which it was charged, that on September 3, 1883, with a revolving pistol, loaded witli gunpowder and two leaden balls, he unlawfully, maliciously, purposely and feloni-ously did shoot Gleorge Eigensee, with intent to kill him. The defendant having pleaded not guilty, was placed on trial, a jury was impaneled and sworn, and evidence was offered to prove such shooting ; but the uncontradicted testimony was, that…
1Opinion of the CourtOkey, J.
The following positions are shown by the authorities to be impregnable.
1. In Ohio, as under the federal government (U. S. v. Hudson, 7 Or. 32; U. S. v. Coolidge, 1 Wheat. 415 ; U. S. v. Britton, 108 U. S. 197), we have no common law offenses. No act, however atrocious, can be punished criminally, except in pursuance of a statute or ordinance lawfully enacted. This proposition was not established without prolonged discussion. *386In Ohio v. Lafferty, Tappan, 81 (1817), it was held in an able opinion by Judge Tappan, that common law crimes are punishable in Ohio; but Judge Goodenow, a member of…
2Cases cited22 opinions
- United States v. PerezSupreme Court of the United States · 1824
- United States v. KleinSupreme Court of the United States · 1872
- Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
- United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815
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