Gamsby v. Columbia
Supreme Court of New Hampshire
Case. Some time after the cause had been given to the jury, and they had informed the court by a written message that they could not agree, the officer having charge of the jury was directed to inform them that they were discharged from the further consideration of the case, and that two of them (who were sick) were discharged from all further service. When the officer executed this order, one of the jurors proposed that another vote be taken on the case.
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Case. Some time after the cause had been given to the jury, and they had informed the court by a written message that they could not agree, the officer having charge of the jury was directed to inform them that they were discharged from the further consideration of the case, and that two of them (who were sick) were discharged from all further service. When the officer executed this order, one of the jurors proposed that another vote be taken on the case. Another vote was taken, and the result showing a change of two votes, the jury concluded to remain and try to agree, which they did, and…
1Opinion of the CourtStanley, J.
There is no cause for a new trial. Nims v. Bigelow, 44 N. H. 876, 880-882; The King v. Woolf, 1 Bennett & Heard Ld. Cr. Cases (2d ed.) 496. The case should not be so amended as to bring the evidence to the law term. The facts on which a motion for a new trial is based should be settled at the trial term.
Judgment on the verdict.
Bingham, J., did not sit.
2Cited by3 opinions
- Edwards v. Tilton MillsSupreme Court of New Hampshire · 1900
- Merrill v. PerkinsSupreme Court of New Hampshire · 1881
- Smith v. CushmanSupreme Court of New Hampshire · 1880