State v. Harmon
Delaware Court of Oyer and Terminer
Indictment for Murder of the First Degree At a court of Oyer and Terminer in and for Sussex County, beginning April 10, 1902, the defendant, a colored boy seventeen years old, was tried for the murder of one William H. Mitchell, a white man, of Indian River Hundred in said county.
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Indictment for Murder of the First Degree At a court of Oyer and Terminer in and for Sussex County, beginning April 10, 1902, the defendant, a colored boy seventeen years old, was tried for the murder of one William H. Mitchell, a white man, of Indian River Hundred in said county. It was admitted that the death of Mitchell on the 29th day of January, 1902, resulted from a wound five or six inches wide and about the same depth, inflicted with an axe upon the left shoulder of the deceased by the defendant, on the 28th day of January of the same year. The State proved that on the date of the…
1Opinion of the Court
Lore, C. J.,
charging the jury :
Gentlemen of the jury:—It is not disputed that the death of William H. Mitchell, on the 29th day of January, 1902, resulted from a wound inflicted by the prisoner Nehemiah Harmon. Your inquiry therefore will be, to determine the grade of homicide.
Inasmuch as under this indictment, if the evidence shall so warrant, you may find the prisoner guilty of any one of three grades of felonious homicide, viz., of murder of the first degree, of murder of the second degree or of manslaughter, it becomes necessary for us to define these three offenses for your information.
Mu…
2Cited by3 opinions
- Waters v. StateSupreme Court of Delaware · 1982
- Watson v. StateSupreme Court of Delaware · 1962
- Thompson v. Papastavros Associates Medical Imaging, L.L.C.Superior Court of Delaware · 1998