United States v. Riley
U.S. Circuit Court for the District of Southern New York
The defendant [James Riley] was indicted for a misdemeanor, in carrying on the business of a retail dealer in liquors, without having taken out a license therefor, as required by the act of July 1, 1862 (12 Stat. 432), commonly known as the “Internal Revenue Act,” and by the amendments to that act made by the act of March 3, 1863 (Id. 713). The defendant was convicted, and now moved for a new trial.
1Opinion of the Court
SHIPMAN, District Judge.
I •will notice the grounds urged on the motion for a new trial in this case, in the order in which they have been presented to the court.
The first is, that, after a jury had been empanelled and sworn, they were dismissed from the box and a new jury was empan-elled and sworn, which tried the cause. It is insisted that the defendant was twice put in jeopardy, by this proceeding. The facts are these: The jury was empanelled and sworn, by inadvertence, before the prisoner had been arraigned, or had in any manner answered to the indictment. The prisoner was, in…
2Cited by8 opinions
- Lovato v. New MexicoSupreme Court of the United States · 1916
- State v. BurpeeSupreme Court of Vermont · 1892
- United States v. TaylorDistrict Court, D. Kansas · 1882
- Edye v. RobertsonU.S. Circuit Court for the District of Eastern New York · 1883
- Fann v. StateCourt of Criminal Appeals of Texas · 1940
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