The Evening critic., 1881-09-26
WHERE CAN ouITEAu BE TRIED 2
A Complete synopsis of All the Laws
Herring OF the Cnse.


II. Robinson, the Assistant Solicitor of the
Treasury, and one of the ablcst and most
careful lawyers under the Government,
THE CRITIC Is favored to give his synopsis
of all the laws common and statute, bear
ing upon the much mootcd question as to
the locality where the assassin of President
Garfield can be legally tried. 1t is the COM
pletest and most comprehensive document
yet published on the question, and covers
1t entirely:
The sixth amendment TO the Constitution
of the United States provides that an nc.
cused person shall be tried in the State and
district wherein the crime shall have been
committed, which district shall have pre-
viously been ascertained by law.
The question, then, in GuiteaIi's case is,
where was the crime of murder committed?
the fatal wound having been given in the
District of Columbia, aud the death there
from having taken place in New Jersey.
At common law, murder, like other of.
lenses, must be inquired ofin the county in
which it was committed.
But it was u matter Of doubt whether mt
common law, when n man died in one
county of wound received in another the
offense could be considered rs having been
completely committed in either county.
There are high authorities for saying that
at common law trial might always be had
in the county where the mortal blow was
given, for that alone is the act of the party,
and the death is but the consequence, In
support of which is cited LIST East, p G.,
36i /; LIST Hale, p. G., 426; I'd Whar. Grim.
Law, z1052, note H.; yet Lord Hale after
ward says con the other hand, as to some
respects, the law regards the death as the
contamination of the crime and not merely
the stroke. "
To remove this doubt the statute of I'd
and 3D. Edward VI, CHI. "a, section q
of a wound received in another the trial
should be in the county where the death
happened.
This statute was afterward repealed by
the 10th sec. of George w., CHI. 81, which
provided that when any felony shall be
begun in one county and completed in an.
other it may be inquired Of tried and pun
ished in either of the counties.
This is the law of England at this time.
In several of the States of the United States
similar statutes have been enacted.
In Massachusetts, for example, it Is
enacted that If mortal wound is given on
the high seas or on land, either within or
without the limits of that State, by reason
whereof death cnsucs in any county thereof,
the oflcnsc may be prosecuted in the
county where the death happened. (Gcn.
Stat. III, sec. 49,
In the case of Commonwealth VS.. Macloon
and Others, it was held under the statute
that II citizen of another State could be con-
victed of the manslaughter of Il person who
died within the commonwealth of injuries
| inflicted on the high seas. 10l Mass, ~
| In Michigan, under n similar statute, a
case arose where the fatal wound was given
in u navigable fresh water river within
II ~ A. I a.
CURED in Michigan. The defendant being
indicted for murder in Michigan, the Court
held that the crime, though commenced in
Canada, was consummated in that State
that the wound did not constitute the Of
Tense of which the prisoner was convicted
| that the consequences of the wound were
not confined to Canada, but continued t.
operate until the crime was consummatet
by death. If such killing did not at com
mon law constitute murder, it was thu
clear intent of the statute to make it sucl
to the same extent as if the wounding ant
death had both occurred in the State
(Tyler VS.. State of Mich, 1881 There was
o strong dissenting opinion in the case
taking the ground that the murder wa.
committed where the blow was given and
that the State had no jurisdiction of the
case.
In New jersey u statute Is in force
modelled after the English statute of Georg,
". before cited.
In the case of Hunter VS.. The State, re
Gently tried and determined under thi
statute in New Jersey, it was held tina
when mortal blow was given within the
jurisdiction of the State and the death oc
Cured in another State the court of New
Jersey have cognizance of the crime by fore
of the statute (40 n. j. 54S)
In Mississippi the indictment must by
the statute be found in the county whcr
the death occurred, and the indictmen
must so state. (Turncr VS.. State, % Miss.
6Si.)
In Missouri it was held that when tn
mortal wound was given in one county an,
!, death occurred in another the indictmen
may be found in the county where tn
} death happened. (Steerman VS.. State, Il
No., 5O3.)
The case of Riley vs. The State, arisin
} in Tennessee in 1S49 was tried under
statute which provided that in all crimina
J cases the trial shall be held in the count
in which the offense may have been com
mitted. 1t appeared that the blow wa
given in one county and the death Occurrc
in another. The statute using the wor
; "offense,' the question what constitute
the ofiense was discussed.
Under the statute referred to the cOur
held that the offense was committed wher
tha klnyv xyos oivon