Legal Opinion

State v. Overton

Supreme Court of New Jersey

Decided July 2, 1913PublishedCited by 21 opinions

1. It is no valid ground for a change of venue or for the adjournment of a trial for murder, that a statement had appeared in a newspaper to the effect that the prosecutor of the pleas had said the previous day in open court that he had no confidence in the jury returned to try another homicide case, and alleged to be the same “jury” (meaning the special panel) from which the trial jury was to be selected. On error to the Essex Oyer and Terminer.

1Opinion of the Court

The opinion of the court was delivered by

Parker, J.

The plaintiff in error was convicted of murder in the first, degree. It appeared by the evidence that as the result of bastardy proceedings instituted on the complaint of Carrie B. Henderson, he had married the woman and after the birth of the child had killed the mother and her infant by tying them separately with a clothes line to a bed, around the body and throat, and causing death by. strangulation. The defence was insanity. ^ The entire case is sent up pursuant to section 136 of the Criminal Procedure act; and we *289take up the grounds oí…

2Cases cited9 opinions

  1. People v. LeeCalifornia Supreme Court · 1860
  2. Penn v. StateMississippi Supreme Court · 1884
  3. State v. StewartNevada Supreme Court · 1874
  4. Wilson v. StateSupreme Court of New Jersey · 1897
  5. State v. HummerSupreme Court of New Jersey · 1906

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

3Cited by21 opinions

  1. State v. RoseSupreme Court of New Jersey · 2011
  2. State v. LongSupreme Court of New Jersey · 2002
  3. State v. LaRoccaNew Jersey Superior Court Appellate Division · 1963
  4. State v. ScelfoNew Jersey Superior Court Appellate Division · 1959
  5. State v. Bentley Bootery, Inc.Supreme Court of New Jersey · 1942

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

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