Powell v. State
Supreme Court of Alabama
Error to the Circuit Court of Shelby. Tried before the Sion. Geo. D.. Shortridge. 1. The prisoner ought not to have been tried the second ¿time. The discharge of the jury for no better reason than that They could not. agree, is not authorized by law, and the prisoner .-cannot be legally tried again — See Ned.v.
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Error to the Circuit Court of Shelby. Tried before the Sion. Geo. D.. Shortridge. 1. The prisoner ought not to have been tried the second ¿time. The discharge of the jury for no better reason than that They could not. agree, is not authorized by law, and the prisoner .-cannot be legally tried again — See Ned.v. State, 7 Por. 187» ,In principle this case cannot be distinguished from the case cited .from 7 Por. 187. Here, the jury was really discharged because They could not, or rather, had not agreed, by 9 o’clock Saturday morning. The .term of the court, had not expired; it ■ continued until…
1Opinion of the CourtColeman, J.
This was an indictment for-murder against William Powell, William Blair and Hancock Holcombe, in the Circuit Court of Shelby county. On the trial in the court below, William Powell was convicted of manslaughter in the first degree and the other defendants acquitted.
*580At a term of the court previous to the conviction of the prisoner, a mistrial was had in the case, in which the judgment of the court recites “ that the jury retired to consider of their verdict, and having well and truly considered of the same, return into open court and say they cannot agree upon a verdict, and it appearing to…
2Cases cited1 opinion
- Howell v. ReynoldsSupreme Court of Alabama · 1847
3Cited by30 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Dupree v. StateSupreme Court of Alabama · 1859
- Price v. StateMississippi Supreme Court · 1872
- Atkins v. StateSupreme Court of Arkansas · 1855
- Southern Railway Co. v. WilliamsSupreme Court of Alabama · 1896
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