Legal Opinion

Thompson v. United States

Supreme Court of the United States

Decided December 3, 1894No. 637PublishedCited by 246 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF' ARKANSAS. In the District Court of the United States for the Western District of Arkansas, on November 23,1893, a jury was sworn to try the issue formed between the United States and Thomas Thompson, under an indictment wherein said Thompson was charged with the murder of one Charles Hermes, and to which the accused pleaded not guilty.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF' ARKANSAS. In the District Court of the United States for the Western District of Arkansas, on November 23,1893, a jury was sworn to try the issue formed between the United States and Thomas Thompson, under an indictment wherein said Thompson was charged with the murder of one Charles Hermes, and to which the accused pleaded not guilty. After the case had been opened by counsel for the government and the defendant respectively, and after Jacob Hermes, a witness for the government, had been called and examined in…

1Opinion of the CourtJustice Shiras

The record discloses that, while the trial was proceeding, a jury having been sworn and a witness examined, the fact that one of the jury was disqualified, by having been a member of the grand jury that found the indictment, became known to the court. Thereupon the court, without .the. consent of the defendant, and under exception, discharged the jury, and directed that another jury should be called. The defendant, by his counsel, pleaded that he had been once in jeopardy upon and for the same charge and offence for which he now stood charged. The court permitted this plea to be filed, and…

2Cases cited4 opinions

  1. United States v. PerezSupreme Court of the United States · 1824
  2. Logan v. United StatesSupreme Court of the United States · 1892
  3. Simmons v. United StatesSupreme Court of the United States · 1891
  4. Gourko v. United StatesSupreme Court of the United States · 1894

3Cited by246 opinions

  1. United States v. JornSupreme Court of the United States · 1971
  2. Arizona v. WashingtonSupreme Court of the United States · 1978
  3. Wade v. HunterSupreme Court of the United States · 1949
  4. Illinois v. SomervilleSupreme Court of the United States · 1973
  5. Crist v. BretzSupreme Court of the United States · 1978

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