State v. Watkins
Supreme Court of Connecticut
This was an indictment for the murder of the prisoner’s wife, Roxana Watkins ; to which he pleaded Not guilty. The cause was tried at Brooklyn, October term, 1830, before Williams, J., assisted by Bissell, J. No direct evidence of the murder was offered ; but the evidence given was wholly circumstantial or presumptive.
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This was an indictment for the murder of the prisoner’s wife, Roxana Watkins ; to which he pleaded Not guilty. The cause was tried at Brooklyn, October term, 1830, before Williams, J., assisted by Bissell, J. No direct evidence of the murder was offered ; but the evidence given was wholly circumstantial or presumptive. In the course of the trial, the public prosecutor offered testimony to prove, that for some months before and down to the time of the alleged murder, an adulterous intercourse subsisted between the prisoner and one Waity Burgess; and that she was a woman of lewd character. The…
1Opinion of the Court
Hosmer, Ch. J.
1. Whether the judgment ought to be arrested, is the first enquiry in the case.
The ground of the motion in arrest, is, misbehaviour in the juror; and as a consequence, that the judgment ought to be arrested.
First, as to the supposed misbehaviour. If it delerve this appellation, it, at most, was small and little reprehensible. It is a fair presumption, that unacquainted with courts, and the precise demeanor there to be observed, the juror was unconscious of any impropriety in making his request of the public prosecutor. This is clearly apparent, from the public application made…
2Cited by14 opinions
- Adams v. FieldSupreme Court of Vermont · 1849
- Eborn v. ZimpelmanTexas Supreme Court · 1877
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Shakro v. HaddadSupreme Court of Connecticut · 1961
- Hanley v. GandyTexas Supreme Court · 1866
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