Kelly v. United States
United States Circuit Court
Indictment for Manslaughter. Dennis Kelly, orderly sergeant, in charge of Fort Popham, was indicted for manslaughter within said fort. He was put upon trial before the circuit court, September term, 188é; the circuit and district judges presiding. The jury reported, through their foreman, that they were and would be unable to agree, and thereupon, by order of the court, were discharged from further consideration of the case.
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Indictment for Manslaughter. Dennis Kelly, orderly sergeant, in charge of Fort Popham, was indicted for manslaughter within said fort. He was put upon trial before the circuit court, September term, 188é; the circuit and district judges presiding. The jury reported, through their foreman, that they were and would be unable to agree, and thereupon, by order of the court, were discharged from further consideration of the case. The indictment was certified to the district court for the December term following. The record in the circuit court had not been extended, and the order of court…
1Opinion of the CourtColt, J.
In this case a writ of error was allowed from the judgment of the district court, under the act of March 3, 1879. 20 St. 354. The errors assigned are numerous. We will only consider those which seem to us important.
The second, third, and fourth assignments of errors raise the question of former jeopardy. Kelly was first tried in the circuit court at the September term, 1884, on an indictment for manslaughter. The jury failed to agree, and therefore the case -was certified to the district court under section 1037, Eev. St. The order of remission set out that the jury were unable to agree, but…
2Cases cited18 opinions
- United States v. PerezSupreme Court of the United States · 1824
- State v. PattersonSupreme Court of Vermont · 1873
- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
- State v. CantienySupreme Court of Minnesota · 1885
- People v. SimpsonMichigan Supreme Court · 1882
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3Cited by8 opinions
- Raymond Thomas Council v. CommonwealthSupreme Court of Virginia · 1956
- Kent v. StateCourt of Criminal Appeals of Oklahoma · 1912
- State v. CatellierWyoming Supreme Court · 1947
- Coppage v. StateCourt of Criminal Appeals of Oklahoma · 1937
- State v. LarimoreIndiana Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.