Criminal Law Reports Volume 1; Being Reports of Cases Determined in the Federal and State Courts of the United States, and in the Courts of England, I

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1876 Excerpt: ... Richard Dove V. The State. (3 Heisk. 348. Supreme Court, Tennessee, 1872.) Insanity.--Proof of Marriage. An act establishing the Criminal Court of Montgomery County, requires the Circuit Court to certify to the Criminal Court, transcripts, sc., and the Criminal Court to enter the transcripts on the minutes; and enacts that the entry of record shall give to said court jurisdiction, &c. Held, that a transcript certified by the Circuit Judge, entered of record, &c., gave the court jurisdiction. If any exception could have been taken, it was waived by plea of not yuilti/. Where an indictment is marked no prosecutor necessary, evidently because there was a coroner's inquest and verdict; held, that the want of a prosecutor was cured by the Code, 5242, though the inquest was not sufficient to authorize the indictment. It is not error for the court, on a trial for murder, where insanity is set up as a defence, to require the defendant to submit his hypothetical case to his professional witnesses, before the rebutting evidence of the State is heard on the question of insanity. If evidence materially varying the hypothetical case, is afterwards introduced, the defendant must ask leave to reexamine as to the new matter. If the new proof does not make any change in the hypothetical case submitted, the defendant would not be injured by the refusal. The State introduced a witness not bearing the name of the defendant, and the defendant objected to her competency, that she was his wife; but refused to examine her on her voir dire, and objected to her examination by the State. Ihld, that an offer to prove marriage by reputation, cohabitation, conduct, and acknowledgment of the parties that they were man and wife, was properly refused. The defendant was bound to produc...