Territory v. Ah Wah & Ah Yen
Montana Supreme Court
Appeal from First District, Madison County. 1. The grand jury by whom the indictment was found did not have jurisdiction to inquire into the offense charged. The transcript on appeal shows these facts: (а) The appellants, on the first day of the March term, 1881, were in the county jail to answer the charge of murder in the first degree. They were brought into court, duly notified of their rights, and waived all objections to the grand jury.
Read the full summary
Appeal from First District, Madison County. 1. The grand jury by whom the indictment was found did not have jurisdiction to inquire into the offense charged. The transcript on appeal shows these facts: (а) The appellants, on the first day of the March term, 1881, were in the county jail to answer the charge of murder in the first degree. They were brought into court, duly notified of their rights, and waived all objections to the grand jury. This grand jury was duly impaneled, sworn and charged, and, after inquiring into this charge, made a report in writing and failed to return a true bill…
1Opinion of the Court
Wade, 0. J.
This is an indictment for murder. During the progress of the trial, one of the jurymen was excused on account of sickness in bis family, and thereupon, with the consent of the defendahts, the trial proceeded to a final conclusion before the remaining eleven .. jurymen, who returned into' court a verdict against the defendants of murder in the first degree.
Had the defendants, with the consent of the prosecution and the court, in a capital case, the right or author-' ity to waive a trial before a jury of twelve men?
A common law jury consists- of twelve persons. That is the jury…
2Cases cited9 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- State v. KaufmanSupreme Court of Iowa · 1879
- Hill v. PeopleMichigan Supreme Court · 1868
- State v. McClearNevada Supreme Court · 1876
- Bell v. StateSupreme Court of Alabama · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. MottMontana Supreme Court · 1903
- Cotton v. StateSupreme Court of Florida · 1923
- State v. SimonsSupreme Court of Kansas · 1900
- In re BanschbachMontana Supreme Court · 1958
- Mahan v. HardlandMontana Supreme Court · 1966
4 more not listed; retrieve them via the Exa API.