State v. Leach

The appellee was tried before a justice of the peace, and convicted of the offence of being found in a public place in a state of intoxication. See section 2091, R. S. 1881. From the judgment of the justice he appealed, and in the circuit court filed an answer alleging the following facts :

That on the 29th day of June, 1888 (the affidavit having been filed theretofore), he was tried before the said justice upon said charge, and the jury, having been out three hours and failing to agree, were, by said justice, discharged, without the appellee’s knowledge or consent, and in his absence; that…