Godwin v. State

Citations

• 24 Del. 173
• 1 Boyce 173
• 74 A. 1101
• 1910 Del. LEXIS 15

Syllabus

<p>Admissions of fact made at Trial—Silence of Attorney for Adverse-Party—Court of General Sessions—Trial of Bribery Offenses— Jurisdiction General, not Special—Information Substituted for Indictment—Initial Examination and Commitment or Holding to Bail; not Necessary to be Averred or Proved—Plea in Abatement— Venue—General Election—Judicial Notice.</p> <p>1. An admission of fact made at the trial, in open court, by the prisoner or his counsel may be considered by the jury.</p> <p>2. When an attorney at the trial, in open court, in the presence and hearing of the attorney for the adverse party, states to the Court the matters of fact admitted in the cause by the adverse party, the silence of the-attorney for the adverse party is an assent to such admissions, and his client is bound thereby, and proof of the facts so admitted is thereby waived.</p> <p>3. When an attorney at the trial, in open court, in the presence and hearing of the attorney for the adverse party states to the Court the matters admitted by counsel for the adverse party, it becomes the duty of such counsel to speak if there was any fault made in the statement, and the-failure then and there to do so will amount to an acquiescence in and assent to the admission of facts contained in the statement, and will be-binding on the accused, or adverse party.</p> <p>4. The Court of General Sessions in the trial of offenses committed-in violation of Section 8 of Article 5 of the Constitution of 1897, does not exercise a special, but a general jurisdiction.</p> <p>5. For the trial of offenses of bribery at elections, the Constitution of 1897 substituted presentment by information for indictment, and trial by the judges for trial by jury, but this change affected the mode of procedure-only and not the jurisdiction of the Court of General Sessions.</p> <p>6. In courts exercising a special jurisdiction, jurisdictional facts must, appear, and, therefore, must be averred and proven, and there are no presumptions as t