Opinion

Evans v. State

  • 123 Ohio St. 132
  • 123 Ohio St. (N.S.) 132
  • 9 Ohio Law. Abs. 61
  • 174 N.E. 348
  • 1930 Ohio LEXIS 182
Court
Ohio Supreme Court
Filed
Dec 17, 1930
Status
Published
Author
Jones
On the bench
Allen, Kinkade, Robinson, Jones, Matthias, Marshall, Day
Cited by
13 cases

The opinion

*141

Jones, J.,

concur ring. I concur in the syllabus and in the judgment of reversal. However after a full consideration of this record, I am of the opinion that the state failed to prove murder in the first degree beyond a reasonable doubt. While the evidence would have sustained a verdict of murder in the lesser degrees, it did not establish, by the

quantum

of proof required, the elements of deliberation and premeditation necessary for conviction of first degree murder.

In view of this reversal, it does not become necessary to pass upon the efforts of the defendant to submit evidence of his insanity at the time of committing the offense, when he had failed to plead “not guilty by reason of insanity” under Section 13440-2, General Code; this for the reason that the defendant may, and probably will, avail himself of such a plea upon his next trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.