In re Turner
Ohio Supreme Court
This was adjourned here for decision from the county of Pair-field. It was a motion for a mandamus, to the court of common pleas of Fairfield county, commanding that court to proceed to the trial of James Turner, upon an indictment for murder.' The case is stated in the opinion of the court.
1Opinion of the Court
Judge Lane
delivered the opinion of the court:
In the court of common pleas, of March term, 1832, James Turner was indicted for murder. On his arraignment, it was demanded of him in which court he elected to be tried, to which demand he-stood mute. Upon which, the court, “ having advised upon the matter of the prisoner’s standing mute, when interrogated whether he elected to be tried in the Supreme Court, upon the indictment found this term, is of opinion that the court has no jurisdiction of the case, because upon a former indictment for the same cause, the-same prisoner elected to be tried in…
2Cases cited7 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
- People v. Justices of the Delaware Common PleasNew York Supreme Court · 1799
- Van Rensselaer v. DoleNew York Supreme Court · 1800
- Early v. MahonNew York Supreme Court · 1821
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3Cited by2 opinions
- State ex rel. Sibarco Corp. v. City of BereaOhio Supreme Court · 1966
- State ex rel. Ingerson v. BerryOhio Supreme Court · 1863