State v. Shaffer
Oregon Supreme Court
Josephine County: Lionel R. Webster, Judge. Defendant appeals. The defendant was indicted for murder in the first degree of one Jacob Moll, and, upon his arraignment, pleaded not guilty. A trial was had before a jury, which, being unable to agree upon a verdict, was discharged by the trial court.
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Josephine County: Lionel R. Webster, Judge. Defendant appeals. The defendant was indicted for murder in the first degree of one Jacob Moll, and, upon his arraignment, pleaded not guilty. A trial was had before a jury, which, being unable to agree upon a verdict, was discharged by the trial court. A second jury was ordered impaneled, and, when the defendant was arraigned before them for trial, his counsel filed a motion to discharge him on the ground that he had once been in jeopardy for the same offense. The court overruled the motion, and upon the trial the jury found the defendant guilty of…
1Opinion of the CourtLord, C. J.
1. The first error assigned is the overruling of said motion. The record properly discloses the inability of the first jury to agree upon a verdict before they were discharged by the court. The contention is that the trial court had no authority to discharge the first jury sworn in the case, without the consent of the defendant, because of their inability to agree upon a verdict. It is conceded that the court, under section 206, Hill’s Code, is authorized to discharge a jury when it satisfactorily appears that there is no probability of their agreement; but it is claimed that, in so far as…
2Cases cited7 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Stephens v. . the PeopleNew York Court of Appeals · 1859
- State v. KilgoreSupreme Court of Missouri · 1879
- Commonwealth v. ClueSupreme Court of Pennsylvania · 1831
- Doles v. StateIndiana Supreme Court · 1884
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3Cited by21 opinions
- State v. ReinhartOregon Supreme Court · 1895
- State v. SteevesOregon Supreme Court · 1896
- State v. CaseyOregon Supreme Court · 1923
- State v. DorisOregon Supreme Court · 1908
- Ex parte TiceOregon Supreme Court · 1897
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