Simmons v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an indictment on section 5209 of the Revised Statutes for aiding and abetting one Claassen in embezzling and misapplying the funds of a certain national bank in the city, of New York. The defendant pleaded not guilty.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. This was an indictment on section 5209 of the Revised Statutes for aiding and abetting one Claassen in embezzling and misapplying the funds of a certain national bank in the city, of New York. The defendant pleaded not guilty. On January 26, 1,891, the case came on for trial upon the issue thus joined; a jury was empanelled and sworn; Good-now, one of the jurors, stated on his voir dire that he had no acquaintance with the defendant and had never seen him to his knowledge; the case was opened to the jury;…
1Opinion of the CourtJustice Gbay
The general rule of law upon the power of the court to discharge the jury in a criminal case before verdict was laid down by this court more than sixty years ago, in a case presenting the question whether a man charged with a capital crime was entitled to be discharged because the jury, being unable to agree, had been discharged, without his consent, from giving any verdict upon the indictment. The court, speaking by Mr. Justice Story, said: “We are of opinion that the facts constitute no legal bar to a future trial. The prisoner has not been convicted or acquitted, and may again be put upon…
2Cases cited4 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- United States v. Philadelphia & Reading RailroadSupreme Court of the United States · 1887
- Lovejoy v. United StatesSupreme Court of the United States · 1888
3Cited by347 opinions
- United States v. JornSupreme Court of the United States · 1971
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Wade v. HunterSupreme Court of the United States · 1949
- United States v. DinitzSupreme Court of the United States · 1976
- Illinois v. SomervilleSupreme Court of the United States · 1973
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