Reports of Cases Argued and Determined in the Supreme Court of Ohio Volume 97

Reports of Cases Argued and Determined in the Supreme Court of Ohio Volume 97

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 2012-02-19 edition. Excerpt: ...in this case, the state has "joined" the whole transaction in one indictment. In People v. Austin, 1 Parker's C. C. 154, the indictment was like the one at. bar, and the ruling of the court in that case sustains my 9 Grat. 727; 29 Maine, 324; 2 Carter, 91; 1 Hale's Cr. L. 531; 2 Earl's Cr. Law, 741; 2 Leach Pl. of the Crown, 718-720. Many of the authorities upon this point cited by the gentleman upon the other side in support of his position, upon a careful examination, will be found to furnish no such support. Among the list may be selected the case of Regina v. Brettle, 1 Car. & Marshman, 608; People v. Warren, 1 Parker C. C. 338; The King v. Pedly, 1 L. Pl. Cr. 242; Price v. State, 19 Ohio, 423. An examination of each will be found t.o disclose the fact that the ground upon which the plea was held had, was the same as that in Vander Comb's case, to wit., that the indictment in the first instance, in charging the transaction out of which grew the offense, omitted some one or more material elements in thedcscription of the transaction, in consequence oi' which, under that indictment, there could be no conviction, and hence no jeopardy. It is insisted that our statute defining petit larceny has changed the rule of law governing this class of cases. Ithink this is an unwarranted assumption. The state, in the criminal statutes, enters into no partnership, or system of profit or speculation, with any of her citizens, nor allows or intends. them to do so one with another, through the agency of these statutes. Her penalties are for the violation of law for offenses against the peace and dignity of the sovereign, and whatever penalties she imposes must be regarded and. treated as punishment...show more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236758129
  • 9781236758125