State ex rel. Battle
Supreme Court of Alabama
The petitioner sets forth that he was indicted in the Circuit Court of St. Clair, at the Spring term, 1842, for an assault on. James Kennedy, with the intent to kill and murder. At the term holden in the Fall of that year he was put upon his trial on that indictment — that the jury which had the case in charge being unable to agree, the presiding Judge, without any authority therefor discharged them, oh Friday the fifth day of the Court and before the expiration of the term.
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The petitioner sets forth that he was indicted in the Circuit Court of St. Clair, at the Spring term, 1842, for an assault on. James Kennedy, with the intent to kill and murder. At the term holden in the Fall of that year he was put upon his trial on that indictment — that the jury which had the case in charge being unable to agree, the presiding Judge, without any authority therefor discharged them, oh Friday the fifth day of the Court and before the expiration of the term. At the Spring term, 1844, the petitioner moved the Circuit Court to discharge him for the cause above stated, but this…
1Opinion of the CourtCollier, C. J.
— In respect to the first ground on which the petitioner prays a mandamus, we would remark that in our judgment it assumes too much. It supposes that a Court must continuo its session up to the very last moment of the term which the law has prescribed for its limitation, before it is permissible to discharge a jury who affirm that they cannot agree upon a verdict; and this too, although all other business before the Court may be disposed of. The terms of most of the Circuit Courts are limited, that is, 'have a certain time given, within and beyond which they shall not discharge the business…
2Cases cited1 opinion
- State v. HughesSupreme Court of Alabama · 1841
3Cited by23 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Lee v. StateAlabama Court of Appeals · 1943
- Gunter v. StateSupreme Court of Alabama · 1887
- Atkins v. StateSupreme Court of Arkansas · 1855
- Waller v. StateSupreme Court of Alabama · 1867
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