State v. Place
South Dakota Supreme Court
Error from Circuit Court, Lyman County. Hon. Frank B. •Smith, Judge. W. E. Place was convicted of keeping a saloon open on Sunday, and brings error. The old rule permitting' coercion of a jury in order to cecure ■a verdict has been swept away and under our present method the independence of a jury is respected.
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Error from Circuit Court, Lyman County. Hon. Frank B. •Smith, Judge. W. E. Place was convicted of keeping a saloon open on Sunday, and brings error. The old rule permitting' coercion of a jury in order to cecure ■a verdict has been swept away and under our present method the independence of a jury is respected. People v. Sheldon, 156 N. V. •268, 41 L. R. A. 644. The court, in the exercise of a proper discretion may direct the jury to retire for further deliberation, even after a second an-il oun cement that they could not agree. Hughes’ Instructions to Juries, § 188. The trial judge may…
1Opinion of the CourtHaney, J.
Having been found guilty of failing to keep his. saloon closed on Sunday, the defendant “moved for a new trial on the grounds that the court had misdirected the jury in matters of law arising during the course of the trial, and especially because the court had instructed the jury that he would keep them together until they should agree upon a verdict, and because the verdict is contrary to the law and the evidence, which motion was denied by the court, to which the defendant excepted. Defendant then moved in arrest of judgment on the same grounds, which was denied, and defendant excepted.”…
2Cases cited2 opinions
- People v. . SheldonNew York Court of Appeals · 1898
- State v. BybeeSupreme Court of Kansas · 1877
3Cited by11 opinions
- People v. TalkingtonCalifornia Court of Appeal · 1935
- Kesley v. United StatesCourt of Appeals for the Fifth Circuit · 1931
- State v. KaiserSouth Dakota Supreme Court · 1993
- People v. MasonCalifornia Court of Appeal · 1946
- Auld v. CathroNorth Dakota Supreme Court · 1910
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