State ex rel. Warner v. Baer
Ohio Supreme Court
In Mandamus. This is an original suit in mandamus, filed in this court March 18,1921. The petition alleges that on-December 12,1918, at the October term of the court of common pleas of Cuyahoga county, the relator was trie'd for manslaughter, a full jury of twelve men being impaneled; that before the trial was concluded one of the twelve men became ill and the trial proceeded in the absence of said juror with the remaining eleven jurors; and that on the 18th day of December,…
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In Mandamus. This is an original suit in mandamus, filed in this court March 18,1921. The petition alleges that on-December 12,1918, at the October term of the court of common pleas of Cuyahoga county, the relator was trie'd for manslaughter, a full jury of twelve men being impaneled; that before the trial was concluded one of the twelve men became ill and the trial proceeded in the absence of said juror with the remaining eleven jurors; and that on the 18th day of December, 1918, said eleven jurors rendered a verdict finding the relator guilty as charged. The journal entry relating thereto…
1Opinion of the CourtMarshall, C. J.
This cause was heard upon a demurrer to the petition, which merely recites that *588the relator was found guilty of a crime by the verdict of eleven jurors and that the journal does not disclose the fact that the verdict was found by only eleven jurors, and the relator therefore prays that the journal may be corrected and made to state the facts.
It further appears, however, on the opening page of plaintiff’s brief, and in the further oral statements of counsel during the argument upon the demurrer, that during the course of the trial a juror was taken sick and was thereafter unable to attend, and…
2Cases cited24 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Eilenbecker v. District Court of Plymouth CountySupreme Court of the United States · 1890
- State v. KaufmanSupreme Court of Iowa · 1879
- Cook v. United StatesSupreme Court of the United States · 1891
- Dillingham v. StateOhio Supreme Court · 1855
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