Legal Opinion
Emery v. United States
Court of Appeals for the Eighth Circuit
Decided April 29, 1942No. 12068PublishedCited by 4 opinions
1Opinion of the Court
JOHNSEN, Circuit Judge.
Clarence Emery was indicted, tried to a jury and convicted, under 35 Stat. 1151, 18 U.S.C.A. § 549, for stealing a cow on the Rosebud Indian Reservation in the State of South Dakota.
His first assignment of error is the denial of his motion for a mistrial, after one of the jurors had fainted during the proceedings. The ailing juror was taken to the adjacent offices of the United States Attorney, by two of his fellow jurors, until he had recovered. After a recess of 15 to 30 minutes, the trial was resumed. On interrogation by the trial judge, the juror declared that he…
2Cases cited13 opinions
- Langer v. United StatesCourt of Appeals for the Eighth Circuit · 1935
- United States National Bank v. County of San DiegoSupreme Court of the United States · 1941
- State v. ChurchSouth Dakota Supreme Court · 1894
- Edward Thompson Co. v. GundersonSouth Dakota Supreme Court · 1897
- Massenberg v. United StatesCourt of Appeals for the Fourth Circuit · 1927
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3Cited by4 opinions
- Himmelfarb v. United StatesCourt of Appeals for the Ninth Circuit · 1949
- Brennan v. United StatesCourt of Appeals for the Eighth Circuit · 1957
- Packard v. United StatesDistrict of Columbia Court of Appeals · 1950
- Sidney L. Brennan v. United States of America, Eugene J. Williams, Also Known as Gene Williams v. United States of America, Jack J. Jorgensen v. United States of America, Gerald P. Connelly, Also Known as Jerry Connelly v. United StatesCourt of Appeals for the Eighth Circuit · 1957