Whitten v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Panola County, Second District. Hon. A. T. Boane, Judge. The facts are stated in the opinion. The accused should be discharged, because of the discharge of the jury which tried him at the May term, 1883, without their having found a verdict.
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Appeal from the Circuit Court of Panola County, Second District. Hon. A. T. Boane, Judge. The facts are stated in the opinion. The accused should be discharged, because of the discharge of the jury which tried him at the May term, 1883, without their having found a verdict. Const, of Miss., art. 1, sec. 5. That discharge is sought to be excused on the plea of necessity, and the necessity is sought to be made out by two processes, first, the jury were unable to agree; second, the term of the court had drawn to a close without verdict found. Neither excuse is good. 1. The court had not the…
1Opinion of the CourtChalmers, J.
In. September, 1883, Whitten was tried in Second District of Panola County for murder. The jury retired to consider of their verdict at eight-and-a-half or nine o’clock at night on the last day of the term. About twelve o’clock the court sent for the jury, and after polling them ascertained that they could not agree and were not likely to do so. Thereupon it discharged them, the defendant neither consenting nor objecting to such action, so far as the record shows, and court was adjourned sine die at twelve o’clock p. M. Being arraigned again for the same offense at the next term of the court,…
2Cases cited5 opinions
- Teat v. StateMississippi Supreme Court · 1876
- Josephine v. StateMississippi Supreme Court · 1872
- Ex parte PhillipsMississippi Supreme Court · 1879
- Finch v. StateMississippi Supreme Court · 1876
- Ex parte FlemingMississippi Supreme Court · 1883
3Cited by6 opinions
- Lipscomb v. StateMississippi Supreme Court · 1898
- Ex parte UlrichDistrict Court, W.D. Missouri · 1890
- Pittman v. StateMississippi Supreme Court · 1927
- Helm v. StateMississippi Supreme Court · 1889
- Pizaño v. StateCourt of Appeals of Texas · 1886
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