State v. Klauer
Supreme Court of Kansas
Appeal from Shawnee district court; Z. T. Hazen, judge. STATEMENT George Klauer was tried in the district court on a complaint originally filed before a justice of the peace in which he was charged in separate counts with fifteen distinct violations of the prohibitory liquor law. The question of his guilt under nine counts was submitted to the jury.
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Appeal from Shawnee district court; Z. T. Hazen, judge. STATEMENT George Klauer was tried in the district court on a complaint originally filed before a justice of the peace in which he was charged in separate counts with fifteen distinct violations of the prohibitory liquor law. The question of his guilt under nine counts was submitted to the jury. After hearing the evidence and instructions from the court the jury retired on Saturday, February 22, to consider their verdict. Not having agreed, they were permitted to separate until Monday morning, February 24. On that day they returned the…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
Section 208 of the code of criminal procedure (Gen. Stat. 1901, §5650) makes the provisions of the code of civil procedure relative to the *388discharge of jurors for inability to agree applicable to criminal cases. Section 4728, General Statutes of 1901 (Civil Code, § 281), provides :
“ The jury may be discharged by the court . after they have been kept together until it satisfactorily appears that there is no probability of their agreeing.”
The proposition involved is whether the discharge of the jury in the present case operated, in its legal…
2Cases cited5 opinions
- State v. ReedSupreme Court of Kansas · 1894
- State ex rel. Little v. SpencerSupreme Court of Kansas · 1894
- State v. AllenSupreme Court of Kansas · 1898
- State v. SmithSupreme Court of Kansas · 1890
- State v. HagerSupreme Court of Kansas · 1900
3Cited by8 opinions
- Usary v. StateTennessee Supreme Court · 1937
- Kastel v. United StatesCourt of Appeals for the Second Circuit · 1927
- State v. BarnesWashington Supreme Court · 1909
- State v. WeissSupreme Court of Kansas · 1911
- State v. HuffSupreme Court of Kansas · 1907
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