Crowley v. State
Ohio Supreme Court
Error to the Court of Appeals of Fairfield county. Plaintiff in error, Frank Crowley, at the January, 1915, term of the court of common pleas of Fairfield county, was indicted for assault with intent to commit rape on one N. F., on the 4th day of November, 1914. To this indictment was filed a plea in bar in which it was alleged in substance that the state of Ohio had theretofore procured and_ had a judgment of conviction and sentence pronounced against plaintiff in error for…
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Error to the Court of Appeals of Fairfield county. Plaintiff in error, Frank Crowley, at the January, 1915, term of the court of common pleas of Fairfield county, was indicted for assault with intent to commit rape on one N. F., on the 4th day of November, 1914. To this indictment was filed a plea in bar in which it was alleged in substance that the state of Ohio had theretofore procured and_ had a judgment of conviction and sentence pronounced against plaintiff in error for the same act, the same assault and the same offense mentioned in said indictment, in this, to-wit: That on the 5th day…
1Opinion of the CourtNewman, J.
Counsel base their right to a reversal of the judgment of the court of appeals upon the sole ground that there was error in holding that the demurrer to the plea in bar was properly sustained. There is therefore but one question for our consideration: Could plaintiff in error avail himself of the constitutional guaranty in Section 10, Article I of the Constitution, providing “No person shall be twice put in jeopardy for the same offense”?
It is conceded that the offense of assault and battery, to which he entered a plea of guilty before the mayor, is an offense included in the one charged in…
2Cases cited1 opinion
- Diaz v. United StatesSupreme Court of the United States · 1912
3Cited by13 opinions
- People v. TownsendMichigan Supreme Court · 1921
- Commonwealth v. McCanMassachusetts Supreme Judicial Court · 1931
- Commonwealth v. MahoneyMassachusetts Supreme Judicial Court · 1954
- State v. GoodsonNew Mexico Supreme Court · 1950
- Bennett v. StateCourt of Appeals of Maryland · 1962
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