Legal Opinion

State v. Merrill

West Virginia Supreme Court

Decided May 13, 1913PublishedCited by 8 opinions

Error to Circuit Court, Tucker County. Ona Merrill was convicted of voluntary manslaughter, and brings error.

1Opinion of the Court

Miller, Judge:

Upon an indictment for the murder of an infant child, bom out of wedlock, by defendant, its grandmother, the jury found her guilty of voluntary manslaughter, and the judgment of conviction thereon was that she be confined in the penitentiary for not less than one nor more than five years.

The one question, presented in numerous ways, is, was the corpus delicti established justifying the verdict and judgment, which depended solely on circumstantial evidence?

The-mother of the child was defendant’s daughter, a girl of less than sixteen years. To establish the fact or body of the…

2Cases cited11 opinions

  1. Cluverius v. CommonwealthSupreme Court of Virginia · 1886
  2. People v. . PalmerNew York Court of Appeals · 1888
  3. State v. FlanaganWest Virginia Supreme Court · 1885
  4. Boisseau v. FullerSupreme Court of Virginia · 1898
  5. McBride v. CommonwealthSupreme Court of Virginia · 1898

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

3Cited by8 opinions

  1. State v. ShephardSupreme Court of Iowa · 1963
  2. State v. Paul RoushWest Virginia Supreme Court · 1923
  3. State v. D. OSMUSWyoming Supreme Court · 1954
  4. State v. JohnsonUtah Supreme Court · 1938
  5. State v. DurhamWest Virginia Supreme Court · 1973

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

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