Territory of New Mexico v. Donahue
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County before Ira A. Abbott, Associate Justice. The defendant in a criminal prosecution has a right to be present in court' at the time the jury is discharged before they have arrived at a verdict. The action of the court in discharging the jury in the manner set up in the plea constituted an acquittal of the defendant. State v. Wilson, 50 Ind. 487, 19 Am.
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Appeal from the District Court for Bernalillo County before Ira A. Abbott, Associate Justice. The defendant in a criminal prosecution has a right to be present in court' at the time the jury is discharged before they have arrived at a verdict. The action of the court in discharging the jury in the manner set up in the plea constituted an acquittal of the defendant. State v. Wilson, 50 Ind. 487, 19 Am. Rep. 719; 2 G. & H. 412, Sec. 94; State v. Hurlburt, 1 Root 90; State v. Braunschweig, 36 Mo. 397; Price v. The State, 2 Morris St. Cas. 1168; Dunn v. Commonwealth, 6 Pa. St. 384; Dougherty v.…
1Opinion of the Court
OPINION OF THE COURT.
MECHEM, J.
This is an appeal from a conviction of murder in the second degree.
1 1. Appellant complains of the action of the trial court in sustaining a motion to strike the material allegations of a plea of former acquittal made by him on April 13, 1909, when the case was called for trial a second time. The plea alleged that at a former trial thereof the case went to the jury about nine o’clock Saturday evening, November 7, 1908; that on the following day, Sunday, the 8th, about 2 p. m. Henry Westerfield, foreman of said jury, ivas allowed to separate himself from the rest…
2Cases cited5 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- State v. SmithSupreme Court of Connecticut · 1881
- District of Columbia v. WoodburySupreme Court of the United States · 1890
- Basset v. United StatesSupreme Court of the United States · 1870
- Peters v. United StatesCourt of Appeals for the Ninth Circuit · 1899
3Cited by9 opinions
- State v. MooreNew Mexico Supreme Court · 1938
- State v. MinnsNew Mexico Court of Appeals · 1969
- State v. ManloveNew Mexico Court of Appeals · 1968
- Owens v. AbramNew Mexico Supreme Court · 1954
- State v. HortonNew Mexico Supreme Court · 1953
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