People v. Denton
New York Supreme Court
The prisoner was indicted for a misdemeanor, in neglecting his duty as an inspector of the election of the town of Hempstead, in the county of Glueens, in April, 1799, under the act for regulating elections. *The indictment was found at the general sessions of the peace in Glueens county. The prisoner pleaded not guilty.
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The prisoner was indicted for a misdemeanor, in neglecting his duty as an inspector of the election of the town of Hempstead, in the county of Glueens, in April, 1799, under the act for regulating elections. *The indictment was found at the general sessions of the peace in Glueens county. The prisoner pleaded not guilty. After hearing the evidence, the jury retired, and came into court in the morning, with a verdict of not guilty ; but, on being foiled, three of the jurors dissented, and, after having been sent out several times, they informed the court that they could not agree, and that…
1Opinion of the Court
* Per Curiam.
1. This was an indictment for a misdemeanor, and the jury, after being sent out several times, and returned to the bar, could not agree on a verdict, and were discharged by the court, without the consent of the defendant. The power of discharging a jury, in cases of misdemeanors, as in civil cases, rests in sound discretion, and is to be exercised with great caution. Where every reasonable endeavor has been used to obtain a verdict, and it is found that the jury cannot or will not agree, they must ex necessitate, be discharged. We think that the discretion of the court below was…
2Cited by6 opinions
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- In re CurtisCalifornia Supreme Court · 1895
- United States v. HaskellU.S. Circuit Court for the District of Eastern Pennsylvania · 1823
- Commonwealth v. FellsGeneral Court of Virginia · 1838
- Commonwealth v. FellsSupreme Court of Virginia · 1838
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