The Criminal Code of Ohio ...: And Digest of DecisionsRobert Clarke & Company, 1878 - 586 pages |
From inside the book
Results 1-5 of 76
Page 10
... fact of killing . - When the fact of killing is proven , malice is to be presumed , and all the circumstances of jus- tification , excuse , or extenuation must be made out by the accused , unless they appear from the evidence adduced ...
... fact of killing . - When the fact of killing is proven , malice is to be presumed , and all the circumstances of jus- tification , excuse , or extenuation must be made out by the accused , unless they appear from the evidence adduced ...
Page 11
... fact of deliberation is to be made out to the satisfaction of the jury , and that the law fixes no time during which it shall continue , goes to the extreme verge of the law , and should not be extended further . ( Burns v . State , 3 ...
... fact of deliberation is to be made out to the satisfaction of the jury , and that the law fixes no time during which it shall continue , goes to the extreme verge of the law , and should not be extended further . ( Burns v . State , 3 ...
Page 19
... fact , or , if the manner of killing is unknown , then say , by certain ways and means to the deponent aforesaid as yet unknown ] . BY ADMINISTERING POISON . Did willfully , purposely , and by means of poison kill and mur- der one M. N. ...
... fact , or , if the manner of killing is unknown , then say , by certain ways and means to the deponent aforesaid as yet unknown ] . BY ADMINISTERING POISON . Did willfully , purposely , and by means of poison kill and mur- der one M. N. ...
Page 21
... fact of killing . - The fact of killing being proved , the presumption of law in Ohio is that it was done with malice , but without deliberation or premeditation ; and , consequently , that it is murder in the second degree . ( State v ...
... fact of killing . - The fact of killing being proved , the presumption of law in Ohio is that it was done with malice , but without deliberation or premeditation ; and , consequently , that it is murder in the second degree . ( State v ...
Page 24
... fact he is mistaken as to the existence or imminence of the danger . ( Marts v . State , 26 Ohio St. 162. ) Retreating to the wall . - Where a person in the lawful pursuit of his business , and without blame , is violently assaulted by ...
... fact he is mistaken as to the existence or imminence of the danger . ( Marts v . State , 26 Ohio St. 162. ) Retreating to the wall . - Where a person in the lawful pursuit of his business , and without blame , is violently assaulted by ...
Contents
54 | |
77 | |
95 | |
106 | |
137 | |
138 | |
145 | |
186 | |
197 | |
201 | |
203 | |
221 | |
258 | |
264 | |
266 | |
273 | |
282 | |
285 | |
386 | |
394 | |
411 | |
419 | |
432 | |
438 | |
440 | |
459 | |
475 | |
480 | |
503 | |
507 | |
509 | |
513 | |
534 | |
540 | |
562 | |
582 | |
Other editions - View all
Common terms and phrases
18 Ohio 25 Ohio St accused act entitled act of April act of March act to amend affidavit afore April 11 arrest assault averment bill cause chap clerk committed common pleas complaint constable convict counterfeit county aforesaid county of aforesaid court of common crime criminal custody defendant discharged duly election embezzled entitled an act error execution felony fined forged FORMS OF CHARGES fraudulently grand jury guilty hundred dollars hundred nor less imprisoned indictment injure intent to defraud intoxicating liquors issue jail judge judgment jurors aforesaid justice kill knowingly larceny magistrate maliciously March 20 mittimus murder oath offense officer passed March peace penitentiary peremptory challenges personal property Plaintiff in Error plea in abatement possession prisoner Proceedings prosecuting attorney punishment purpose recognizance Sayler sell sentence sheriff stolen Suffering gaming surety sworn thereof Title township trial unlawfully and willfully value of dollars verdict vote warrant Whoever writ
Popular passages
Page 115 - ... thing to influence him with respect to his official duty, or to influence his action, vote, opinion, or judgment, in any matter pending, or that might legally come before him...
Page 460 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Page 296 - Correction, and him there safely to keep until he shall be thence delivered by due Course of Law. Given under my Hand and Seal, this Day of in the Year of our Lord at in the [County] aforesaid.
Page 337 - Code of 1954, with interest thereon as required by law, then this obligation shall be void; otherwise It shall be and remain In full force and effect.
Page 385 - In any indictment for murder or manslaughter, or for being an accessory to any murder or manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought, kill and murder the deceased...
Page 7 - If any person shall purposely, and of deliberate and premeditated malice, or in the perpetration, or attempt to perpetrate any rape, arson, robbery, or burglary, or by administering poison, or causing the same to be done...
Page 15 - Lightfoot then and there instantly died, and so the jurors aforesaid, upon their oath aforesaid, do say, that the said David Beckett, the said John Lightfoot, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder...
Page 320 - The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.
Page 369 - You, as foreman of this grand jury, shall diligently inquire and true presentment make, of all such matters and things as shall be given you in charge ; the counsel of the people of this state, your fellows...
Page 181 - ... shall apply to or affect the employment or use of any such child, as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music...