Legal Opinion

State v. Turner

Ohio Supreme Court

Decided November 15, 1831PublishedCited by 8 opinions

Indictment for the murder of Samuel Turner, certified from the Court of Common Pleas. The indictment contained two counts: 1st. For murder. 2d. For manslaughter. In both counts, the death was charged to have been occasioned by a wound in the throat and neck, by a knife. When the prisoner was arraigned, the Court, at his instance, assigned G-. Sioctn and T. JEkoing, as counsel for him.

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Indictment for the murder of Samuel Turner, certified from the Court of Common Pleas. The indictment contained two counts: 1st. For murder. 2d. For manslaughter. In both counts, the death was charged to have been occasioned by a wound in the throat and neck, by a knife. When the prisoner was arraigned, the Court, at his instance, assigned G-. Sioctn and T. JEkoing, as counsel for him. Flournoy, who stated that he had been retained by the prisoner, relinquishing his engagement. The plea of not guilty was put in. A jury was sworn, after twenty-one peremptory challenges by the prisoner.

1Opinion of the Court

BY THE COURT.

Our law makes the coroner’s inquest thefoundation for an arrest of the accused, and for recognizing the witnesses to appear at court; it does not make the verdict evidence against the accused on his trial. Ruled out.

The following narrative is drawn from the testimony of the witnesses examined in the cause:

The deceased had resided in the county about twenty years; he had a wife, two or three adult daughters, and other children. He was intemperate, and when warmed with spirits, was wild, noisy, disposed to yell loud enough to be heard at a great distance. When intoxicated, he…

2Cases cited2 opinions

  1. State v. MurrayOregon Supreme Court · 1884
  2. Hacheny & Beno v. LearyOregon Supreme Court · 1885

3Cited by8 opinions

  1. McClure's AppealSupreme Court of Pennsylvania · 1873
  2. Dodson v. BallSupreme Court of Pennsylvania · 1869
  3. Buzby's AppealSupreme Court of Pennsylvania · 1869
  4. Chess's AppealSupreme Court of Pennsylvania · 1878
  5. Barnett's AppealSupreme Court of Pennsylvania · 1864

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