State v. Pritchard
Nevada Supreme Court
Appeal from tbe District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. The discharge of the juror Dorsey was a bar to a subse-sequent trial. Jeopardy attaches when the jury is complete and has been impaneled and sworn to try the cause. (Constitution of Nev., art. 1, sec. 8; 1 Comp. L. 1957, 1958, 2020, 2021; 1 Bish. Crim. L. 1013-1019; Stewart v. State, 15 Ohio St. 155; Mounts v. State, 14 Ohio, 295, 306; Dobbinsv. State, Oh.
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Appeal from tbe District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinion. I. The discharge of the juror Dorsey was a bar to a subse-sequent trial. Jeopardy attaches when the jury is complete and has been impaneled and sworn to try the cause. (Constitution of Nev., art. 1, sec. 8; 1 Comp. L. 1957, 1958, 2020, 2021; 1 Bish. Crim. L. 1013-1019; Stewart v. State, 15 Ohio St. 155; Mounts v. State, 14 Ohio, 295, 306; Dobbinsv. State, Oh. St. 493; Baker v. State, 12 Id. 214; Ward v. State, 1 Humph. (Tenn.) 253; Cooley’s Const. Dim. 327; 3 Ohio St. 238-241; 3…
1Opinion of the Court
By the Court,
Hawley, J.:
There is a growing .conflict of the authorities in the United States as to the true meaning of constitutional provisions similar to ours that “no person shall be subject to *106be twice put in jeopardy for the same offense.” (Const., art. 1, sec. 8.) Some of the courts hold that it means no more than the common law plea of autrefois acquit, while others contend that it goes farther, and that jeopardy attaches when the jury is completed and sworn to try the case.
Upon the facts presented by this appeal we do not feel called upon to express our views upon this subject,…
2Cases cited19 opinions
- United States v. PerezSupreme Court of the United States · 1824
- State v. TullerSupreme Court of Connecticut · 1867
- Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
- State v. McClearNevada Supreme Court · 1876
- State v. . WisemanSupreme Court of North Carolina · 1873
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3Cited by17 opinions
- Ochs v. PeopleIllinois Supreme Court · 1888
- People v. AmmermanCalifornia Supreme Court · 1897
- Commonwealth v. GalvinMassachusetts Supreme Judicial Court · 1948
- State v. HartleyNevada Supreme Court · 1895
- Hanley v. StateNevada Supreme Court · 1967
12 more not listed; retrieve them via the Exa API.