State v. Keerl
Montana Supreme Court
Appeal from, District Court, Cascade County ; Jere B. Leslie, Judge. James S. Keerl was convicted of tbe crime of manslaughter. He appeals from the judgment of conviction and from an order denying him a new trial.
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Appeal from, District Court, Cascade County ; Jere B. Leslie, Judge. James S. Keerl was convicted of tbe crime of manslaughter. He appeals from the judgment of conviction and from an order denying him a new trial. The record presents the question as to whether a discharge of the jury, under the circumstances of this case, will warrant a retrial and that raises for consideration the question as to the circumstances and conditions under which a jury may be discharged for failure to agree, without such discharge operating as an acquittal. When the meaning and effect of the constitutional…
1Opinion of the CourtJustice Milbubn
This case is on appeal from a judgment of conviction of man*508slaughter. The defendant was tried three times. The first trial resulted in conviction of murder in the second degree. The judgment was reversed on appeal (State v. Keerl, 29 Mont. 508, 101 Am. St. Rep. 579, 75 Pac. 362). Upon the second trial the jury disagreed and was discharged. The third trial resulted in the conviction for manslaughter and the judgment from which the appeal was taken.
The alleged crime was committed in Lewis and Clark county. The third trial was had, by change of place of trial, before the district court of the…
2Cases cited4 opinions
- United States v. PerezSupreme Court of the United States · 1824
- State v. KeerlMontana Supreme Court · 1904
- State v. WalkerIndiana Supreme Court · 1866
- Moseley v. StateTexas Supreme Court · 1871
3Cited by15 opinions
- State v. GaimosMontana Supreme Court · 1916
- State v. NelsonNew Mexico Supreme Court · 1959
- State v. TruemanMontana Supreme Court · 1906
- State v. MontgomeryIdaho Supreme Court · 1930
- State v. BarnesWashington Supreme Court · 1909
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