Summons v. State
Ohio Supreme Court
This is a writ of error to tbe District Court of Hamilton county. In July, 1849, James Summons was indicted for the murder of Electa Reeves by administering poison. He elected to be tried in the supreme court of the county. Two trials were had in the supreme court in Hamilton county, and on each trial the juries failed to agree.
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This is a writ of error to tbe District Court of Hamilton county. In July, 1849, James Summons was indicted for the murder of Electa Reeves by administering poison. He elected to be tried in the supreme court of the county. Two trials were had in the supreme court in Hamilton county, and on each trial the juries failed to agree. The case was pending in that court at the time the constitution of 1851 took effect, and by force of the twelfth section of the schedule, was transferred to the district court. Mary Clinch, who had been examined as a witness for the State on the first trial of this…
1Opinion of the CourtBartley, C. J.
The assignments of error in this case, present the following questions for determination:
*3401st. Whether the district court erred, by admitting evidence on behalf of the State, to prove the statements of a witness (since deceased), given as evidence at a former trial on the same indictment.
And if not:
2d. Whether it be essential to the competency of such evidence, that it be given in the identical words of the deceased witness.
3d. Whether the court erred in refusing to exclude from the consideration of the jury the testimony of Logan, on the alleged ground that he had failed to narrate the…
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3Cited by40 opinions
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