Legal Opinion

Mahala v. State

Tennessee Supreme Court

Decided December 15, 1837PublishedCited by 9 opinions

vThe defendant, a slave, was indicted in the circuit court of Robertson county, for the murder of Nancy Newton. She pleaded “not guilty.” At the May term, 1837, of said court, the cause was called for trial, and on Wednesday, the 3d May, 1837, a jury was empannelled to try it.

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vThe defendant, a slave, was indicted in the circuit court of Robertson county, for the murder of Nancy Newton. She pleaded “not guilty.” At the May term, 1837, of said court, the cause was called for trial, and on Wednesday, the 3d May, 1837, a jury was empannelled to try it. The evidence and arguments of counsel were closed on the succeeding Friday, and at about 2 o’clock, P. M. of that day, having received the charge of the court, the jury retired to consider of their verdict. After they were absent about half an hour, they came into court and informed the judge that they could not agree,…

1Opinion of the CourtTurley, J.

The right of trial by jury has always been regarded by the English and American jurists as one of the most sacred principles of the law, one to which the citizen is more deeply indebted than to any other for that security to life, liberty and property guaranteed in Great Britain and the United States to an extent unknown in other countries, and the preservation of which in its purity and independence, has at all times been guarded with a most watchful and jealous eye. Therefore it is, that an attempt whenever made by the courts to interfere with the privileges of a jury, and endanger their…

2Cases cited3 opinions

  1. United States v. PerezSupreme Court of the United States · 1824
  2. Commonwealth v. BowdenMassachusetts Supreme Judicial Court · 1813
  3. State ex rel. Miller v. LichtenbergWashington Supreme Court · 1892

3Cited by9 opinions

  1. Ex Parte LewisCourt of Criminal Appeals of Texas · 2007
  2. State v. SmithTennessee Supreme Court · 1994
  3. Crist v. BretzSupreme Court of the United States · 1978
  4. Crist v. BretzSupreme Court of the United States · 1978
  5. Ex Parte LewisCourt of Criminal Appeals of Texas · 2007

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