Barton v. State
Ohio Supreme Court
This is a writ of error to the Court of Common Pleas of Cuyahoga county. The plaintiff in error was tried in the court of common pleas of Cuyahoga county, on an indictment containing two counts; the first count charging him with stealing one gelding, of the value of sixty-five dollars, and one mare of the value of seventy-five dollars; the second, with stealing one two horse buggy wagon, of the value of seventy-five dollars, and one set of double harness, of the value of…
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This is a writ of error to the Court of Common Pleas of Cuyahoga county. The plaintiff in error was tried in the court of common pleas of Cuyahoga county, on an indictment containing two counts; the first count charging him with stealing one gelding, of the value of sixty-five dollars, and one mare of the value of seventy-five dollars; the second, with stealing one two horse buggy wagon, of the value of seventy-five dollars, and one set of double harness, of the value of forty dollars. • The jury returned a verdict as follows: “ We do find that John Barton is guilty in manner and form as he…
1Opinion of the CourtCaldwell, J.
Several errors are assigned upon this record.
The first one ’which we propose to notice, is the objection taken to the indictment. It is said the indictment is bad, charging different offenses, horse stealing and grand larceny.
It is not, in general, objectionable to an indictment, that it contains charges, in different counts, of different offenses, if the crimes charged be of the same nature. In this instance, the ■offenses charged are of the same nature; indeed, they are both larceny. The distinction which has been created by statute, *223is only one of degree, the legislature treating larceny…
2Cited by30 opinions
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- Comm'rs of Franklin Co. v. LathropSupreme Court of Kansas · 1872
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