Legal Opinion

Williford v. State

Supreme Court of Georgia

Decided June 15, 1857PublishedCited by 11 opinions

Indictment for robbery, in Lee Superior Court, before Allen Judge, March Term, 1857. Jordan Williford was indicted for robbery and put upon his trial on the 31st day of March, 1857, during the regular Term of the Superior Court of Lee county.

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Indictment for robbery, in Lee Superior Court, before Allen Judge, March Term, 1857. Jordan Williford was indicted for robbery and put upon his trial on the 31st day of March, 1857, during the regular Term of the Superior Court of Lee county. After the close of the testimony, argument of counsel and charge of the Court, the jury retired to deliberate upon their verdict, about two hours before sunset The next morning, when the Court met, the presiding Judge directed the jury to be brought into the Court, and asked them if they had agreed upon a verdict. The jury replied, that they had not. The…

1Opinion of the Court

By the Court —

Lumpkin J.

delivering the opinion.

[1.] The jury being charged with this case, deliberated upon it from the afternoon of one day until 8 o’clock the next morning; and being brought into Court without agreeing to a verdict, and stating that they were not likely to agree, the presiding Judge, without the consent and against the objection of defendant’s counsel, directed a mis-trial to be entered, and the jury discharged from the further consideration of the case. Did this entitle the defendant to an acquittal from the prosecution ?

Anciently the doctrine was much more rigid upon this…

2Cited by11 opinions

  1. State v. ReinhartOregon Supreme Court · 1895
  2. Hyde v. StateSupreme Court of Georgia · 1943
  3. Bagwell v. StateSupreme Court of Georgia · 1907
  4. State v. AbdiCourt of Appeals of Georgia · 1982
  5. State v. CostelloWashington Supreme Court · 1902

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