Legal Opinion

People v. Green

New York Supreme Court

Decided October 15, 1834PublishedCited by 15 opinions

Error from the New York general sessions. Green was indicted on the ninth of September, 1834, for grand larcency, and on the same day was arranged and tried. The jury retired, and after being absent about half an hour, returned into court, and stated that they had not agreed. The counsel for the prisoner, on being asked to consent to their discharge, refused to do so; whereupon the court discharged the jury.

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Error from the New York general sessions. Green was indicted on the ninth of September, 1834, for grand larcency, and on the same day was arranged and tried. The jury retired, and after being absent about half an hour, returned into court, and stated that they had not agreed. The counsel for the prisoner, on being asked to consent to their discharge, refused to do so; whereupon the court discharged the jury. On the eleventh of September the same grand jury who had found the first bill of indictment against the prisoner, found another against him for the same offence, whereon he was arranged.…

1Opinion of the Court

By the Court,

Savage, Ch. J.

The question is, whether the discharge of the jury on the first trial amounted to an acquittal of the defendant? The doctrine that juries are to be compelled to unanimity by starvation, is near akin to the practice which once prevailed of transporting them in carts from one county to another, as the judge travelled from one assize to another, until they should agree. Both have long since been exploded, and are justly now considered as evidence of the barbarity of the age in which they existed. The subject has been fully considered by this court in several cases,…

2Cases cited3 opinions

  1. United States v. PerezSupreme Court of the United States · 1824
  2. People v. OlcottNew York Supreme Court · 1801
  3. Betts v. TurnerNew York Supreme Court · 1796

3Cited by15 opinions

  1. People v. . SmithNew York Court of Appeals · 1902
  2. People v. . SheldonNew York Court of Appeals · 1898
  3. Wright v. StateIndiana Supreme Court · 1854
  4. Ned v. StateSupreme Court of Alabama · 1838
  5. Kastel v. United StatesCourt of Appeals for the Second Circuit · 1927

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