Legal Opinion

Schwartz v. State

Supreme Court of Delaware

Decided January 21, 1936No. 6PublishedCited by 7 opinions

1Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

In order to clearly determine the purpose and effect of the Statute it may not be improper to briefly consider the condition of the law prior to its passage.

*486At the early common law only one degree of principal was recognized in the commission of a crime. It was subsequently recognized, however, that the offense of one who was present but who was not the actual perpetrator of the crime itself was to be considered in a different light from the offense of one who was not present, even though he had aided or counseled the commission of the act. From…

2Cases cited13 opinions

  1. People v. . BlivenNew York Court of Appeals · 1889
  2. State v. RobertsWest Virginia Supreme Court · 1901
  3. Pierce v. StateTennessee Supreme Court · 1914
  4. Rix v. StateCourt of Criminal Appeals of Texas · 1894
  5. State v. BrinteDelaware Court of Oyer and Terminer · 1904

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3Cited by7 opinions

  1. Johnson v. StateSupreme Court of Delaware · 1965
  2. State v. WinsettSuperior Court of Delaware · 1964
  3. Manlove v. StateSupreme Court of Delaware · 2006
  4. State v. SighNew York Court of General Session of the Peace · 1937
  5. Probst v. StateSupreme Court of Delaware · 1988

2 more not listed; retrieve them via the Exa API.

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