Legal Opinion

People v. Ross

California Supreme Court

Decided August 29, 1890No. 20678PublishedCited by 9 opinions

Appeal from a judgment of the Superior Court of San Joaquin County, and from an order denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtSharpstein, J.

The commencement of the trial of the defendant, and the discharge of the jury, on account of the sickness of one of the jurors, without the consent of the defendant, did not constitute jeopardy or an acquittal of the defendant of the crime for which he was on trial; and evidence of that proceeding was not admissible to support a plea of once in jeopardy or former acquittal, in a subsequent trial upon the same or another information filed against him for the same offense.

Nearly a century ago, Kent, J., speaking for the supreme court of New York, in People v. Olcott, 2 Johns. Cas. 300, 1 Am.…

2Cases cited1 opinion

  1. Gilfert v. HalletNew York Supreme Court · 1801

3Cited by9 opinions

  1. Curry v. Superior CourtCalifornia Supreme Court · 1970
  2. People v. LaniganCalifornia Supreme Court · 1943
  3. Hutson v. Superior CourtCalifornia Court of Appeal · 1962
  4. Pueblo v. BenítezSupreme Court of Puerto Rico · 1913
  5. People v. DavisCalifornia Court of Appeal · 1972

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