MICHAEL HARRINGTON, AGAINST THE STATE OF OHIO. RESERVED TO THE SUPREME COURT FROM LUCAS COUNTY, ON MOTION FOR NEW TRIAL. ARGUMENT OF JAMES R. TYLER, OF COUNSEL FOR DEFENDANT.

[Toledo? 1869]. 15, [1 blank] pp. Stitched in original printed title wrappers [lightly worn]. Very Good.

Indicted for murder in the first degree, Harrington was convicted of murder in the second degree. Tyler made several arguments in his appeal to overturn the verdict. Ohio's Supreme Court agreed, and held that the trial judge had erred in instructing the jury that evidence of Harrington's good character was unimportant. Its opinion is printed at 19 Ohio St. 264 [1869]
Noting that the evidence against Harrington was entirely circumstantial, the Supreme Court observed that "a large number of witnesses testified to the good character of the prisoner for peace, and in other respects. On the subject of good character there was no conflict in the evidence." But the trial judge had instructed the jury that evidence of Harrington's good character was not significant in a murder trial. The Supreme Court held: "The weight that ought to be given to proof of good character does not depend upon the grade of the crime, but rather upon the cogency and force of the evidence."
Not located on OCLC as of July 2021. Item #37667

Price: $375.00

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