State v. Sackett

The defendants were charged with assault and battery, in the municipal court for the city of Minneapolis, and upon the first trial the jury disagreed. Thereafter they waived a jury of 12, formally agreed to try the case before 11 qualified jurors, and upon this trial a conviction was had. A motion for new trial having been denied, defendants appeal, presenting for our consideration the sole question of the regularity of the conviction by 11 jurors, which appellants insist is unconstitutional, notwithstanding the stipulation and waiver before mentioned. The record fails to show why a jury of…