Legal Opinion

State v. Jorgenson

Idaho Supreme Court

Decided April 8, 1893PublishedCited by 2 opinions

APPEAL from District Court, Bingham County. This record shows that the defendant was brought into court and a jury of twelve persons were duly and regularly selected, tried, and sworn to try the cause; that they heard the evidence- and argument and retired to deliberate of their verdict, and were afterward brought into court and stated that they had not agreed on a verdict, and the court discharged them.

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APPEAL from District Court, Bingham County. This record shows that the defendant was brought into court and a jury of twelve persons were duly and regularly selected, tried, and sworn to try the cause; that they heard the evidence- and argument and retired to deliberate of their verdict, and were afterward brought into court and stated that they had not agreed on a verdict, and the court discharged them. This, we contend, placed the defendant once in jeopardy, after which he should be granted his liberty, and no court had the right to again try him for the same offense, and that a retrial is…

1Opinion of the CourtMorgan, J.

(After Stating the Facts). — The first assign-aunt of error is that the evidence does not show, or tend to show, that the crime of grand larceny was committed. In this the court cannot agree with counsel. The evidence is strongly .against the defendant, and was properly submitted to the jury; ‘ and it was for the latter to determine whether the evidence was, beyond a reasonable doubt, sufficient to work a conviction -of the defendant.

The second assignment of error appears to be the main reliance of the counsel. It is that the evidence shows that on the twenty-seventh day of June, 1892, the…

2Cases cited4 opinions

  1. United States v. PerezSupreme Court of the United States · 1824
  2. People v. GoodwinNew York Supreme Court · 1820
  3. People v. OlcottNew York Supreme Court · 1801
  4. People v. StockIdaho Supreme Court · 1868

3Cited by2 opinions

  1. State v. McCafferyMontana Supreme Court · 1895
  2. State v. NesbitIdaho Supreme Court · 1895

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