Clark v. State
Ohio Supreme Court
This was an application for a Writ of Error to the Supreme Court of Franklin county. At the December Term, 1843, of the Supreme Court in Franklin county, ffm. Clark was put on trial by jury, before Judges Birchard and Reed, for the murder of Cyrus Sells. The proof established the fact of killing in the manner laid in the indictment, and the jury returned a verdict of “ guilty of murder in the first degree,” and sentence of death was pronounced upon him.
Read the full summary
This was an application for a Writ of Error to the Supreme Court of Franklin county. At the December Term, 1843, of the Supreme Court in Franklin county, ffm. Clark was put on trial by jury, before Judges Birchard and Reed, for the murder of Cyrus Sells. The proof established the fact of killing in the manner laid in the indictment, and the jury returned a verdict of “ guilty of murder in the first degree,” and sentence of death was pronounced upon him. On the trial, the only defence attempted was, the plea of insanity, which was resisted by the state, and thus it became material to determine…
1Opinion of the Court
Birchard, Judge,
gave the opinion—
As to the questions put to Robert Thompson, and his answers, little need be said. The questions were proper for the purpose of testing the value and extent of the opinion given by him, on his examination in chief.
No better illustration of the question could be given than was furnished by the examination of this witness, who stated that he saw nothing like phrenzy or raving madness, and that he had detected nothing of what, technically speaking, is comprised in the expressive term “ delusion.” He thought, perhaps, Clark was deluded on the 487] subject of his…
2Cases cited2 opinions
- Poole v. RichardsonMassachusetts Supreme Judicial Court · 1807
- Buckminster v. PerryMassachusetts Supreme Judicial Court · 1808
3Cited by2 opinions
- Buning v. BertelingOhio Superior Court, Cincinnati · 1897
- State v. SmithOhio Court of Appeals · 1976