Legal Opinion

Frey v. Calhoun Circuit Judge

Michigan Supreme Court

Decided November 19, 1895PublishedCited by 19 opinions

Mandamus by Oren J. Frey against Clement Smith, circuit. judge of Calhoun county, to compel the entry of a judgment of acquittal in a. criminal case against relator.

1Opinion of the CourtMcGrath, C. J.

Kelator was on trial under 2 How. Stat. § 9093. After tbe jury bad retired, tbe court adjourned until tbe next morning at 8 o’clock. When tbe court reconvened, tbe jury reported tbat they bad agreed upon a verdict. They were admitted, rendered a verdict of guilty, and were discharged. Within a few minutes, tbe respondent, who was out on bail, came into court, and tbe fact of his absence at tbe time of the rendition of the verdict was then made known to- the court. The jury bad separated, but, after not lessi than half an hour and not more than three-quarters of an hour bad elapsed, tbe jury…

2Cases cited11 opinions

  1. Maurer v. . the PeopleNew York Court of Appeals · 1870
  2. Price v. StateMississippi Supreme Court · 1872
  3. Sahlinger v. PeopleIllinois Supreme Court · 1882
  4. Barton v. StateSupreme Court of Georgia · 1881
  5. People v. PerkinsNew York Supreme Court · 1828

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3Cited by19 opinions

  1. People v. MedcoffMichigan Supreme Court · 1955
  2. People v. AuerbachMichigan Supreme Court · 1913
  3. State v. WaySupreme Court of Kansas · 1907
  4. State Ex Rel. Shetsky v. UtechtSupreme Court of Minnesota · 1949
  5. State v. WaymireOregon Supreme Court · 1908

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