Moffett v. State

Citations

• 35 Ohio C.C. Dec. 751
• 32 Ohio C.C. (n.s.) 337

Syllabus

<p>CRIMINAL LAW — HOMICIDE</p> <p>1. Continuances in Criminal Prosecution in Discretion of Court.</p> <p>The discretion lodged in trial courts as to the granting of continuances will not be regarded by a reviewing court as abused, when six weeks intervened between the date counsel were appointed to defend the accused and the day when the case was brought to trial and a continuance was refused.</p> <p>2. Finding Accused in Homicide Sane Admissible on Trial on Indictment.</p> <p>The special proceeding provided in Sec. 13608 G. C., for determining whether an accused person is sane before putting him to trial under an indictment, is in the nature of a preliminary hearing in the principal case which can be invoked only by the defendant; and when such an inquiry, conducted in accordance with statutory provisions, results in a verdict declaring the defendant sane, objection does not lie on his part to the introduction by the state of such finding in his trial under the indictment.</p>