Mount v. State
Ohio Supreme Court
' This is a writ of error to the court of common pleas of the county of Hamilton, returnable in bank. On inspecting the record, returned in obedience to the command of the writ, it appears the plaintiff was, at the July term, a. d. .1844, indicted in the court of common pleas of Hamilton county for grand larceny. The indictment contains three counts.
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' This is a writ of error to the court of common pleas of the county of Hamilton, returnable in bank. On inspecting the record, returned in obedience to the command of the writ, it appears the plaintiff was, at the July term, a. d. .1844, indicted in the court of common pleas of Hamilton county for grand larceny. The indictment contains three counts. The two first aver that the plaintiff stole “ one mare, of the value of fifty dollars, of the personal goods and chattels,” etc., of “Jacob Rose, then and there being found, did steal, take,” etc. In the third count it is averred that “ one mare…
1Opinion of the CourtWood, J.
It can scarcely be necessary to consider the numerous assignments of error made upon the record, separately, since they may all be included under the two following propositions;
1. Whether the state, in a criminal prosecution, can, without the prisoner’s consent, enter a nolle proseguí on an indictment, after the jury are charged with his ease; that is, after the jury are impaneled and sworn? 2. Whether the special plea of autrefois convict is a bar to the second indictment, the first not being de*303, 304Iective, although the conviction is not followed by sentence or judgment thereon?
As to the…
2Cases cited4 opinions
- People v. GoodwinNew York Supreme Court · 1820
- Commonwealth v. ClueSupreme Court of Pennsylvania · 1831
- Commonwealth v. CookSupreme Court of Pennsylvania · 1822
- Everitt v. WoodNew York Supreme Court · 1827
3Cited by4 opinions
- State ex rel. Butler v. MoiseSupreme Court of Louisiana · 1895
- City of Wyandotte v. NobleSupreme Court of Kansas · 1871
- Cleveland National Bank v. Burroughs Land Co.Ohio Court of Appeals · 1917
- Rosenthal v. SuttonOhio Supreme Court · 1877