State v. Naylor
Delaware Court of Oyer and Terminer
At a Court of Oyer and Terminer, in and for New Castle County, March 10, 1913, Charles B. Naylor was tried upon an indictment (No. 42 to the March Term, 1913), charging him with murder of the first degree for the felonious killing of EarviL J. Francis by shooting with a rifle on January 19, 1913, in Appoquinimink Hundred, New Castle County. Verdict of guilty of murder of the second degree. Whereupon counsel for the defendant moved for a new trial.
Read the full summary
At a Court of Oyer and Terminer, in and for New Castle County, March 10, 1913, Charles B. Naylor was tried upon an indictment (No. 42 to the March Term, 1913), charging him with murder of the first degree for the felonious killing of EarviL J. Francis by shooting with a rifle on January 19, 1913, in Appoquinimink Hundred, New Castle County. Verdict of guilty of murder of the second degree. Whereupon counsel for the defendant moved for a new trial. Charge in first trial not reported, the facts and law applicable thereto being contained in the charge at the second trial. Motion for a new trial,…
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
A motion has been made for a new trial for reasons which may be summarized as follows:
1. That a certain juror had formed and expressed an opinion respecting the guilt of the defendant before he was called and examined upon his voir dire when he swore that he had not formed and expressed such an opinion.
2. That the court improperly permitted the state to show, in the cross-examination of a character witness produced by the defendant, that the witness had, since the commission of the act charged in the indictment, heard persons say the…
2Cases cited20 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Holtum v. GriefCalifornia Supreme Court · 1904
- Powers v. StateTennessee Supreme Court · 1906
- Rio Grande Irrigation & Colonization Co. v. GildersleeveSupreme Court of the United States · 1899
- Coombs v. Hibberd.California Supreme Court · 1872
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Awadelkariem v. StateCourt of Criminal Appeals of Texas · 1998
- Priest v. StateSupreme Court of Delaware · 2005
- Quillen v. StateSupreme Court of Delaware · 1955
- State v. MunsonSuperior Court of Delaware · 1968
- State v. HarrisDelaware Court of Oyer and Terminer · 1923
9 more not listed; retrieve them via the Exa API.