Legal Opinion

State v. Austin

Wisconsin Supreme Court

Decided July 1, 1858PublishedCited by 13 opinions

ERROR TO ROCK CIRCUIT COURT. This was an indictment for larceny in stealing a plow, of the value of twenty-one dollars; and was tried in the Eock Circuit Court at the November Term, A. D. 1855, and.a verdict of guilty rendered. It appears from the hill of exceptions, that the jury, after having retired and deliberated, came into court and stated that they were unable to agree.

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ERROR TO ROCK CIRCUIT COURT. This was an indictment for larceny in stealing a plow, of the value of twenty-one dollars; and was tried in the Eock Circuit Court at the November Term, A. D. 1855, and.a verdict of guilty rendered. It appears from the hill of exceptions, that the jury, after having retired and deliberated, came into court and stated that they were unable to agree. They were again sent out, and after more deliberation again came into court, and on being asked if they had agreed upon their verdict, by their foreman, answered “Tes.” The Judge asked, “What do you find — that the…

1Opinion of the Court

By the Cowt,

Cole, J.

We are of the opinion that a new trial ought to be granted in this case,- on account of the irre-*207guiar manner in which the verdict of the jury was found and pronounced and recorded in the court.

It appears from the exception taken upon the trial of the case and filed in this court, that the jury having retired and deliberated upon their verdict, came into court and stated that they were unable to agree. They were again sent out and after more deliberation came into court, and upon their being asked if they had agreed upon their verdict, by their foreman answered in the…

2Cited by13 opinions

  1. MacKett v. United StatesCourt of Appeals for the Seventh Circuit · 1937
  2. Matthews v. United StatesDistrict of Columbia Court of Appeals · 1969
  3. State v. HollowayNew Mexico Court of Appeals · 1987
  4. Ponder v. StateCourt of Appeals of Georgia · 1912
  5. Smith v. StateWisconsin Supreme Court · 1881

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