State v. Hare

Citations

• 87 Ohio St. (N.S.) 204

Syllabus

<p>Indictment against county commissioners — For accepting bribe — Violation of Section 1282s, General Code — Contractors alleged givers of bribe called as witnesses — Authority of Section 12824-1, General Code — Effect of erroneous charge to jury that evidence of illegal agreement — Must be established by other testimony— Than that of contractors• — Question of reasonable doubt of good character of defendants.</p> <p>1. An indictment was found against two county commissioners for accepting a bribe in connection with the award of a contract for 'repairing a bridge, in violation of Section 6900, Revised Statutes (Section 12823, General Code), and the two contractors, who were alleged in the indictment to have given the bribe, and the third commissioner were,called as witnesses by the state and compelled to testify under' authority of Section 12824-1, General Code.</p> <p>Their testimony tended to prove that said award was made under and pursuant to a general - understanding or agreement between the two contractors and the three commissioners with reference to county work, and certain other evidence was offered by the state in corroboration thereof.</p> <p>The court charged the jury that the conspiracy or agreement claimed by the state to exist as above, “must be established beyond a reasonable doubt by other testimony and otherwise than by the testimony” of said two contractors and the third commissioner, before the jury would be warranted in finding the defendants or either of them guilty.</p> <p>Held: That the obvious effect of such charge was to entirely withdraw their testimony from consideration by the jury, whereas the same should have been submitted under proper instructions as to the weight to be given thereto, and the charge was therefore erroneous.</p> <p>2. Evidence of their previous good character was offered by the defendants in the above case, and the court included in its charge a statement that “proof of good character may of itself create a reasonabl