State v. . Honeycutt
Supreme Court of North Carolina
Indictment against the mother for killing her bastard child,, tried at the Fall Term, 1875, of the Superior Court of Yan-cey county, before his Honor, Judge Henry. The case, after argument and the charge of his Honor, was given to the jury on Monday of the second week of the term. His Honor on Saturday, (six days,) polls the jury, and finds as a fact, that they are-unable to agree, he directs a juror to-be withdrawn and a mistrial entered.
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Indictment against the mother for killing her bastard child,, tried at the Fall Term, 1875, of the Superior Court of Yan-cey county, before his Honor, Judge Henry. The case, after argument and the charge of his Honor, was given to the jury on Monday of the second week of the term. His Honor on Saturday, (six days,) polls the jury, and finds as a fact, that they are-unable to agree, he directs a juror to-be withdrawn and a mistrial entered. The defendent- thereupon moves to be discharged, as being once put in jeopardy ; motion refused, whereupon defendant appeals.
1Opinion of the CourtPeaeson, C. J.
In a Jefferson's case,” 66 N. C., 309, it is declared to be the opinion of the court “ by the cases State v. Price, 63 N. C. Rep., 529; State v. Alman, 64 N. C. Rep., 364; State v. Baker, 65 N. C. Rep., 332, it is settled, that in a trial for a capital felony, for sufhoient cause the Judge may discharge the jury and hold the prisoner for another trial.”
That principle being settled, no further discussion of the subject is called for.
In Jefferson S’ case, sup., it is said, “ as the case was given 'to tiie jury on Tuesday of the second week of the term, we are inclined to the opinion that had…
2Cases cited4 opinions
- State v. . Beverly JeffersonSupreme Court of North Carolina · 1872
- State v. . Prince .Supreme Court of North Carolina · 1869
- State v. . AlmanSupreme Court of North Carolina · 1870
- State v. . BakerSupreme Court of North Carolina · 1871
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- Ex parte TiceOregon Supreme Court · 1897
- State v. . WhitsonSupreme Court of North Carolina · 1892
- State v. Tyson.Supreme Court of North Carolina · 1905
- State v. . CarlandSupreme Court of North Carolina · 1884
- State v. . McGimseySupreme Court of North Carolina · 1879
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