The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-06-20
HIS NECK WAS SAVED.
By tho Decision OF tho Supreme
Court Of Apponls.
MERCER COUNTY MURDERER'S CASE
Loads to au Important Uttoraneo by
tho Court-peter Cobbs. Undor Son.
tonce OF Death, has His Case To.
iivorsod aud sont Back for n Now
Trial-other Cases Before that 1ri.
bunal Yesterday.

In the supreme court Of appeals yes.
to-day a decision was handed down in
tho case Of tho State vs.. Potter Cobbs,
from Morcor county, which lays down
some now points Of law. Cobbs was
tried on an indictment for murder In
tho first degree and convicted. Whom
the. simple verdict Of guilty was m.
nouncci, Mr.. Halo, Cobbs' lawyer, ask.
cd tho court to instruct tho jury that it
could find such a verdict and fix tho
penalty ut Imprisonment, which was
refused. On this ground tho court re-
verses tho decision and rcmnnds tho
case for q now trial. Tho decision is
very lengthy, but tho syllabus, giving
its Gist, is in substance rs follows:
|. 1t is not error for n court to omit to
instruct q jury that it may punish
murder in the first degree with either
death or confinement III the penitGn-
tiary, unless asked TO do so.
.. 1t Is not error TO refuse TO do 30
whom asked, though not asked until tho
jury announced its verdict, but before
its discharge.
8. The law docs not fix any time for
instructions. The court ma fix 1t by
rule.
l.. 4 cour. may for good reasons 70.
turn the jury TO its to further con-
slider and amend or alter its verdict nj
any time before n verdict is received BY
the court and the jury discharged.
.. A court. though asked, is not bound
to instruct generally; instructions as TO
specific law points ought to DO asked.
A court may without request instruct
as to matters OF law, bu. is not bound
TO do &c, unless askoi. II asked TO give
such proper specific insttuctionsit must
DO so.
G. Tho court suggests privately 10
counsel for tho accused when tho in.
saruc,ions are under consideration that
it would be well to have tho jury in
~s,ructed that it may fix tho penalty for
murder in the first degree at impSison-
ment. to which counsel responds that
he prefers to take chances. This does
not estop the prisoner from subsequont-
~ asking tins instruction. nj any time
before the jury is discharged.
:. Afidavi,s OF jurors that they were
ignorant OF the inct tina. they could
punish murder in tho first degree with
death or imprisonment cannot be read
to impeach the verdict.
S. As a general rule. afidayi.s oil
Jurors cannot be read to impeach their
verdict.
The decision will be OF much i'm.
portance 10 criminal lawyers. The bus
mess transacted By the court yesterday
was rs follows:
State Vi. Boatwrichs McClung. from
G%reenbrieT county; petition Tor writ OF
error refused.
Wallis We. Payne and others, from Nc
Dowell county; petition for appeal and
supersedeas refused.
Wards admir- vs. Mouse and Others,
from Randolph county: petition for
writ Of error and supersedeas refused.
Brown vs. Squi'es. from Preston
county; appeal allowed. bond 500.
Wilton. rs. johnson, from Tucker
county; motion 10 dismiss was oversul-
ed; writ OF csrtiorari was awarded and
cause submitted. with leave to appellee
10 file brief.
Douglass & Co. We. Douglass, from
Barbour county; submitted.
Stout aud others vs. PhIlippi ". < VI.
Company. from Barbour county: sub.
United.
Leave was given for the withdrawal
OF transcript OF record in Richmond ys.
Dean.
State "a. Peter Cobbs. from Mercer
county: opinion by Judge Brannon;
judgment OF circuit court reversed and
cause remanded for new trial.
Adjourned until l0n. IN. to-day.