Sutcliffe v. State
Ohio Supreme Court
This is a writ of error to the Court of Common Pleas of Jefferson county. The plaintiff in error was indicted at the May term, 1849, for killing John Johnson.
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This is a writ of error to the Court of Common Pleas of Jefferson county. The plaintiff in error was indicted at the May term, 1849, for killing John Johnson. The indictment contained three counts; the first two charging murder in the second degree — ■ the third, manslaughter, as follows: ***** “ That John Sutcliffe, late of said county, on the tenth day of March, in the year of our Lord one thousand eight hundred and forty-nine, at the county of Jefferson aforesaid, in and upon the body of one John Johnson, then and there being, unlawfully did make an assault; and that the said John…
1Opinion of the CourtAvert, J.
Is the indictment good, upon which the prisoner has been convicted ?
It contained at first three counts, but at the trial the prosecutor having entered a nolle upon two of them, he proceeded against the prisoner only upon the third. As a former jury in the case had returned a verdict against him for manslaughter only, which was, in effect, a verdict of not guilty upon the two first counts; upon these, it is quite clear, the prisoner could not afterwards be put to trial. He could be prosecuted, if at all, only upon the count for manslaughter. His counsel urge that this third count is defective,…
2Cited by28 opinions
- State v. SageOhio Supreme Court · 1987
- State v. LiberatoreOhio Supreme Court · 1982
- Noble v. Mead-Morrison Manufacturing Co.Massachusetts Supreme Judicial Court · 1921
- State v. Vanzandt (Slip Opinion)Ohio Supreme Court · 2015
- People v. HawleyCalifornia Supreme Court · 1896
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