Legal Opinion

Jackson v. State

Indiana Supreme Court

Decided May 15, 1843PublishedCited by 5 opinions

ERROR to the Dearborn Circuit Court.

1Opinion of the CourtSuixjvaN, J.

The plaintiffs in error were indicted for a riot. Plea, not guilty. "Verdict of guilty, and judgment on the verdict.

This judgment must be reversed. It appears from the transcript of the record, that the jury that tried the cause was composed of eleven men only, and not twelve as the law requires. This is a fatal defect on writ of error. 1 Chitt. Or. Law, 505. ■

Per Curiam.—The judgment is reversed. Cause remanded for another trial.

2Cited by5 opinions

  1. State v. MansfieldSupreme Court of Missouri · 1867
  2. Norval v. RiceWisconsin Supreme Court · 1853
  3. Brown v. StateIndiana Supreme Court · 1861
  4. Territory v. Ah Wah & Ah YenMontana Supreme Court · 1881
  5. Cowles v. BuckmanSupreme Court of Iowa · 1858