Legal Opinion

Roesel v. State

Supreme Court of New Jersey

Decided July 8, 1898PublishedCited by 43 opinions

On writ of error to the Court of Oyer and Terminer of the county of Union. Louis Roesel and George Manshande were indicted for the murder of James C. Pitts, early in the evening of the 9th of September, 1897, at Summit, in the county of Union. Both of the accused pleaded not guilty. On the application of the state and of Manshande the court made an order that the accused be tried separately. Exception was taken to this order of the court and error assigned thereon.

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On writ of error to the Court of Oyer and Terminer of the county of Union. Louis Roesel and George Manshande were indicted for the murder of James C. Pitts, early in the evening of the 9th of September, 1897, at Summit, in the county of Union. Both of the accused pleaded not guilty. On the application of the state and of Manshande the court made an order that the accused be tried separately. Exception was taken to this order of the court and error assigned thereon. Eoesel was put upon trial under the indictment at the term of May, 1898, and he will be called the prisoner in this opinion.…

1Opinion of the Court

The opinion of the court was delivered by

Depue, J.

The error assigned on the order of the court directing that the two persons accused should be tried separately requires no discussion. The power of the court to order several accused charged in the same indictment to be tried separately is well settled. The counsel of the plaintiff in error made no point on that exception either in their briefs or on the oral argument.

Manshande, at the trial, testified that Eoesel told him that Pitts had a large amount of money in his house, and urged him to go with him and rob the house; that on the 9th of…

2Cases cited7 opinions

  1. Bram v. United StatesSupreme Court of the United States · 1897
  2. Sparf v. United StatesSupreme Court of the United States · 1895
  3. Wilson v. United StatesSupreme Court of the United States · 1896
  4. Commonwealth v. PiperMassachusetts Supreme Judicial Court · 1876
  5. Commonwealth v. CulverMassachusetts Supreme Judicial Court · 1879

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

3Cited by43 opinions

  1. People v. NagleCalifornia Supreme Court · 1944
  2. The People v. FoxIllinois Supreme Court · 1925
  3. State v. KellySupreme Court of New Jersey · 1972
  4. State v. DorisOregon Supreme Court · 1908
  5. State v. WellsUtah Supreme Court · 1909

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

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