State v. Schiller

Citations

• 70 Ohio St. (N.S.) 1

Syllabus

<p>Murder in first degree — Trial of indictment for — Court charges jury — That they may recommend mercy — And states effect of such recommendation — Such instructions of court are correct and not error — Question of recommendation for pardon.</p> <p>1. On the trial of an indictment for murder in the first degree where the court instructs the jury that if they shall find the defendant guilty as charged, they may, if they think proper, recommend mercy; and further instructs them that the legal effect of such recommendation by them will be to change the punishment of the accused from death to imprisonment in the penitentiary for life, such instruction is a correct and sufficient charge or instruction on that subject.</p> <p>2. On the trial of such indictment, the court is not required’to instruct the jury that no person so convicted and imprisoned “shall be recommended for pardon by the hoard of pardons, or for parole by the board of managers of the penitentiary, except upon proof of innocence established beyond, a reasonable doubt;” and the omission to so instruct the jury is not error.</p>