State v. Crump
Idaho Supreme Court
APPEAL from District Court, Washington County. In capital cases the court has no power, without the consent of the prisoner, to discharge the jury because they have not agreed and declare they never can agree upon a' verdict. (Commonwealth v. Goolc, 6 Serg. & E. (Pa.) 577, 9 Am. Dec. 465; McCreary v. Commonwealth, 29 Pa. St. 325; O'Brian ¶. Commonwealth, 9 Bush (Ky.), 339, 15 Am. Eep. 715; People v. Cage, 48 Cal. 323, 17 Am. Eep. 436; Commonwealth v. Fitzpatrick., 121 Pa.
Read the full summary
APPEAL from District Court, Washington County. In capital cases the court has no power, without the consent of the prisoner, to discharge the jury because they have not agreed and declare they never can agree upon a' verdict. (Commonwealth v. Goolc, 6 Serg. & E. (Pa.) 577, 9 Am. Dec. 465; McCreary v. Commonwealth, 29 Pa. St. 325; O'Brian ¶. Commonwealth, 9 Bush (Ky.), 339, 15 Am. Eep. 715; People v. Cage, 48 Cal. 323, 17 Am. Eep. 436; Commonwealth v. Fitzpatrick., 121 Pa. St. 115, 6 Am. St. Eep. 757, 15 Atl. 466.) The court erred in admitting in evidence, over defendant's objection, the…
1Opinion of the CourtHeston, J.
The defendant was informed against for the murder of Thomas Ronan. A trial was had on May 12, 1896, upon which trial the ease was submitted to the jury at 11 o’clock P. M. on the 16th of May, and at half past 2 o’clock P. M. of the following day the jury was discharged by the court, they having failed to agree upon a verdict. On May 21, 1896, another jury was impaneled, and another trial was had, resulting in a verdict against the defendant of guilty of murder in the second degree, with two special verdicts in favor of the state upon defendant’s two special pleas of “former acquittal” and…
2Cases cited2 opinions
- The People v. . BennettNew York Court of Appeals · 1872
- State v. MasonIdaho Supreme Court · 1895
3Cited by8 opinions
- State v. DavisIdaho Supreme Court · 1898
- State v. BarnesWashington Supreme Court · 1909
- State v. SeymourIdaho Supreme Court · 1905
- State v. JeanoesIdaho Supreme Court · 1923
- State v. SteersIdaho Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.