Allen v. State

The appellant was indicted in the court below for the larceny of four chickens, of the value of thirty cents each.

He was put upon trial before a jury, but during the progress of the cause two of the jurors were discharged by the consent of the defendant, and the remaining ten jurors returned a verdict of guilty, assessing the defendant’s punishment at a fine of five dollars, eighteen months’ *462imprisonment in the state-prison and disfranchisement for the period of five years.

Judgment was rendered on the verdict.

This judgment can not be maintained. The trial of a criminal cause by a jury…