Adams v. State
Ohio Supreme Court
Error to the Coui’t of Common Pleas of Montgomery county. The plaintiff in error was indicted for the mui’der of one Henry Mulharen. The indictment contained two counts. The first count charged the killing to have been done purposely and of deliberate and premeditated malice. In the second count the killing was charged to have been • done purposely while the plaintiff' in error was attempting to rob the deceased.
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Error to the Coui’t of Common Pleas of Montgomery county. The plaintiff in error was indicted for the mui’der of one Henry Mulharen. The indictment contained two counts. The first count charged the killing to have been done purposely and of deliberate and premeditated malice. In the second count the killing was charged to have been • done purposely while the plaintiff' in error was attempting to rob the deceased. Death is alleged to have been caused by the same means .in both counts. The verdict found the plaintiff in error guilty of murder in the first degree under the second count, and not…
1Opinion of the CourtWhite, J.
Counsel of the plaintiff in error rely in support of their principal ground for the reversal of the judgment, on a point ruled in Robbins v. The State, 8 Ohio St. 132.
It was held in that case to be error for the court to in*415•struct the jury on the trial of an indictment for murder in the first degree by means of poison, that in that kind of a case, murder is not of different degrees, and that, therefore, if they find the defendant guilty as he stands charged in the indictment, they must return a verdict for murder in the first degree. .
Such instruction was regarded as an invasion by the eourt…
2Cited by25 opinions
- Sparf v. United StatesSupreme Court of the United States · 1895
- Clark v. StateSupreme Court of Arkansas · 1925
- Rhea v. StateNebraska Supreme Court · 1901
- State v. BurpeeSupreme Court of Vermont · 1892
- Crawford v. PeopleSupreme Court of Colorado · 1888
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