Legal Opinion

Johnson v. State

Supreme Court of New Jersey

Decided November 15, 1896PublishedCited by 7 opinions

The indictment in this cause was for murder in the first degree, and was found in the Court of Oyer and Terminer of the county of Somerset. At the December Term, 1895, of said court the defendant was found guilty and sentenced to death. A writ of error was subsequently allowed by the Chancellor.

1Opinion of the Court

The opinion of the court was delivered by

Beasley, Chief Justice.

This trial took place before the Oyer and Terminer of the county of Somerset, and resulted in a conviction of the defendant of the crime of murder in the first degree. The case is now before this court through the medium of a writ of error allowed by the Chancellor.

The first exception to these proceedings urged in the brief of counsel is that the case has been tried before a tribunal that did not exist. This contention is founded on the provision of the statute enacted June 13th, 1895, and which is entitled “An act to abolish the…

2Cases cited3 opinions

  1. Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
  2. Gardner v. StateSupreme Court of New Jersey · 1892
  3. State ex rel. Schalk v. WrightsonSupreme Court of New Jersey · 1895

3Cited by7 opinions

  1. Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
  2. Roesel v. StateSupreme Court of New Jersey · 1898
  3. Bullock v. StateSupreme Court of New Jersey · 1900
  4. State v. MillerSupreme Court of New Jersey · 1905
  5. Comanche Light Power Co. v. Nix, SheriffSupreme Court of Oklahoma · 1916

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