State v. Dunn
Supreme Court of Missouri
Appeal from Saline Criminal Court. — Hon. J. E. Ryland, Judge. Tbe discretion given the trial court by section 23 of article 2 of the constitution, to discharge a jury in a criminal cause “ if the jury * * fail to render a verdict,” is a legal discretion, and must amount to a legal necessity, and the record should show that the circumstances under which the jury is discharged, are such as from which it appears impossible that a verdict can be had in a reasonable time, and…
Read the full summary
Appeal from Saline Criminal Court. — Hon. J. E. Ryland, Judge. Tbe discretion given the trial court by section 23 of article 2 of the constitution, to discharge a jury in a criminal cause “ if the jury * * fail to render a verdict,” is a legal discretion, and must amount to a legal necessity, and the record should show that the circumstances under which the jury is discharged, are such as from which it appears impossible that a verdict can be had in a reasonable time, and without forcing a conclusion by hardship to the jury. The fact that the jury, after being out “ one day,’’ (as in this…
1Opinion of the CourtRay, J.
The defendant was indicted at the November term, 1882, of the criminal court of Saline county, for the killing of Prank Edwards, on the 29th of August, 1882, in. said county. The indictment was for murder in the second degree.
At the same term, .as shown by the record, the defendant being duly arraigned, pleaded not guilty, and a jury being empanelled, the trial began on the 27th of that month, and, after hearing the evidence, the instructions- of the court, and the argument of counsel, the jury on the 28th retired to consider of their verdict, and on the 29th returned into court, and being…
2Cases cited11 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. StarrSupreme Court of Missouri · 1866
- State v. BranstetterSupreme Court of Missouri · 1877
- State v. JefforsSupreme Court of Missouri · 1877
- State v. McDonnellSupreme Court of Vermont · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. AitkensSupreme Court of Missouri · 1944
- State v. OliverSupreme Court of Missouri · 1978
- State v. UmbleSupreme Court of Missouri · 1893
- State v. PrivittSupreme Court of Missouri · 1903
- State v. WatsonSupreme Court of Missouri · 1888
14 more not listed; retrieve them via the Exa API.