State v. Sommers
Supreme Court of Minnesota
Appeal by defendant from judgment of the district court for Wadena county, Holland, J., entered upon a verdict of guilty, and sentencing him to the state prison for seven years. His plea alleged that upon the former trial the jury was discharged without the knowledge or consent of the defendant, or of his attorney. The other facts are stated in the opinion.
1Opinion of the CourtMitchell, J.
To an indictment for grand larceny, the defendant pleaded in bar former jeopardy of punishment for the same offense. In brief, his plea was that at a former term of court he had been placed on trial on the same indictment, and that after the case had been submitted to the jury the court, without his consent, and in his absence, — he being at the time confined in prison, — discharged the jury without a verdict, on the alleged ground of their inability to agree. The court sustained a demurrer to this plea, and the correctness of this ruling is the only question presented by this appeal.
The…
2Cases cited2 opinions
- State v. WilsonIndiana Supreme Court · 1875
- Rudder v. StateCourt of Appeals of Texas · 1890
3Cited by18 opinions
- State v. McDonaldSupreme Court of Minnesota · 1974
- Gillespie v. StateIndiana Supreme Court · 1907
- Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. ChandlerOregon Supreme Court · 1929
- Bagwell v. StateSupreme Court of Georgia · 1907
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