State v. Congdon
Supreme Court of Rhode Island
DEFENDANT'S petition for a new trial in the Court of Common Pleas. After the proceedings reported, ante, p. 267, a new indictment was found in the Court of Common Pleas at its October Term, A. D. 1883, charging tbe defendant with murder. After conviction of manslaughter under this indictment he filed a petition in the Supreme Court for a new trial for the reasons considered in the following opinion.
1Opinion of the CourtDujreee, C. J.
The first ground assigned for new trial is tha.t the prisoner’s plea in abatement was overruled by only one judge, whereas the statute requires two judges to make a quorum for the trial of indictments for crimes punishable by death or imprisonment for life. Pub. Stat. R,. I. cap. 193, § 2. The plea was tried on demurrer before Justices Stiness and Tillinghast, and the affidavits show that, after deliberation and conference, they both concurred in the conclusion that it was bad. The opinion drawn up by Judge Tillinghast was approved by Judge Stiness. On the day to which the court had been…
2Cases cited7 opinions
- State v. AdamsSupreme Court of Kansas · 1878
- McCorkle v. StateIndiana Supreme Court · 1860
- State v. PolsonSupreme Court of Iowa · 1870
- State v. WilliamsWest Virginia Supreme Court · 1878
- State v. McDonaldWest Virginia Supreme Court · 1876
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3Cited by5 opinions
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- State v. BerberianSupreme Court of Rhode Island · 1977
- State v. GuillemetSupreme Court of Rhode Island · 1981
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Snyder v. MassachusettsSupreme Court of the United States · 1934