State v. Van Winkle
Superior Court of Delaware
Court of Oyer and Terminer, in and for Kent County, February Term, 1913. Benjamin F. Van Winkle was indicted for murder in the second degree for the felonious killing of Aaron Reynolds, Jr., in the town of Smyrna on Wednesday, November 27, 1912. At the close of the testimony nolle prosequi entered. At the trial, before the jury was sworn, the court made the following announcement relative to a change in the practice of confining juries in homicide cases, less than capital.
1Opinion of the Court
[1] Pennewill, C. J.:
It has been the custom or practice for a long period of years to keep the jury together in a homicide case from the time they are sworn until they are finally discharged by the court, no matter whether the charge was murder in the first degree, murder in the second degree or manslaughter. There has not, however, been any statute which required that the jury should be so confined. The custom is supported by the sanctity of age and the uniform practice of the court, but it is not based upon any requirement of the laws of this state. We are not inclined to depart from the…
2Cases cited1 opinion
- State v. TrustyDelaware Court of Oyer and Terminer · 1898
3Cited by2 opinions
- Barnes v. StateSupreme Court of Delaware · 1976
- Ogg v. Ford Motor CompanySuperior Court of Delaware · 2020