Barrett v. State
Supreme Court of Alabama
From the Circuit Court of Shelby. Tried before the Hon. John E. Moore. The prisoner in this case, Walter Barrett, was indicted in the circuit court of Bibb county, at its fall term, 1854, for tlie murder of Jesse Langford. At the March term, 1856, the case was removed on the prisoner’s application, to Shelby county, where be was finally tried at the September term, 1859, and convicted.
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From the Circuit Court of Shelby. Tried before the Hon. John E. Moore. The prisoner in this case, Walter Barrett, was indicted in the circuit court of Bibb county, at its fall term, 1854, for tlie murder of Jesse Langford. At the March term, 1856, the case was removed on the prisoner’s application, to Shelby county, where be was finally tried at the September term, 1859, and convicted. The proceedings bad on the trial are thus stated in the bill of exceptions : “ When this case was called for trial, on Wednesday of the second week of the term, and the prosecuting attorney had announced the…
1Opinion of the CourtA. J. Waleer, C. J.
In the cases of Ned v. The State, (7 Porter, 187,) and McCauley v. State, (26 Ala. 135,) it was said that the court may, in a case of necessi *414discharge a disagreeing jury, charged with a criminal cause; and that iu such case, the accused might be put upon Ills trial a second time. Neither of these cases attempts to state or define all the necessities which would justify the discharge of a jury without the prisoner’s consent.
In Battle’s case, (7 Ala. 259,) it was decided, that a court might discharge a jury, without the defendant’s consent, (the other business of the court being disposed of,)…
2Cases cited3 opinions
- Ned v. StateSupreme Court of Alabama · 1838
- McCauley v. StateSupreme Court of Alabama · 1855
- State ex rel. BattleSupreme Court of Alabama · 1845
3Cited by3 opinions
- Curry v. StateSupreme Court of Alabama · 1919
- Powell v. StateCourt of Appeals of Texas · 1884
- Robinson v. StateSupreme Court of Alabama · 1875