State v. . Evans
Supreme Court of North Carolina
CRIMINAL Action, tried before 'Moore, J., at December (Special) Term, 1875, of tbe Superior Court of Halifax county. The defendant was indicted for larceny and pleaded not guilty. A jury was empannelled and #fter bearing the evidence, argument of counsel and tbe charge of bis Honor, Judge Watts, announced in open court that they could not agree upon a verdict. Tbe counsel for tbe State and for tbe prisoner were both present. The prisoner was absent, being, tben in jail.
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CRIMINAL Action, tried before 'Moore, J., at December (Special) Term, 1875, of tbe Superior Court of Halifax county. The defendant was indicted for larceny and pleaded not guilty. A jury was empannelled and #fter bearing the evidence, argument of counsel and tbe charge of bis Honor, Judge Watts, announced in open court that they could not agree upon a verdict. Tbe counsel for tbe State and for tbe prisoner were both present. The prisoner was absent, being, tben in jail. TTis Honor, witbont having consulted the counsel for tbe:. prisoner, ordered a juror to be withdrawn and a mistrial entered.…
1Opinion of the CourtRe Arson, C. J.
On a trial for larceny, the jury, after deliberation for some eighteen hours, announces to the court that they cannot agree, whereupon his Honor, Judge "Watts, in the absence of the prisoner, who was confined in the jail of the county, but in the presence of his counsel, who neither assented to nor objected to his action, directed a juror to be withdrawn, and the jury was discharged. The prisoner’s counsel then moved for his discharge on the ground that he could not be again put on trial. This motion was overruled by Judge Watts. At the next term, the same motion on the same ground was made…
2Cited by10 opinions
- State v. . LeaSupreme Court of North Carolina · 1932
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
- Moore v. HornerIndiana Supreme Court · 1896
- Wilson v. . LinebergerSupreme Court of North Carolina · 1880
- Mabry v. . HenrySupreme Court of North Carolina · 1880
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