| United States. Supreme Court - 1824 - 990 páginas
...v. trial. The prisoner 1ms not been convicted or acquitted, and may again be put upon his defence. We think, that in all cases of this nature, the law...of public justice would otherwise be defeated. They arc to exercise a sound discretion on the subject ; and it is impossible to define all the circumstances,... | |
| United States. Supreme Court - 1824 - 952 páginas
...v. trial. The prisoner has not been convicted or acquitted, and may again be put upon his defence. We think, that in all cases of this nature, the law has invested Courts of justice with the alithority to discharge a jury from giving any verdict, whenever, in their opinion, taking all the... | |
| Joseph Tate - 1841 - 992 páginas
...discretionary authority of discharging the jury from giving any verdict, whenever in their opinion, taking all circumstances into consideration, there is a manifest necessity for the act, or that the ends of public justice would otherwise bo defeated ; and were therefore of opinion that the... | |
| Louisiana. Supreme Court, Merritt M. Robinson - 1847 - 724 páginas
...the case of The United States v. Perez, 9 Wheat. 580, as comprehending all the law on the subject. " We think that in all cases of this nature, the law...necessity for the act, or the ends of public justice wetild otherwise be defeated ; they are to exercise a sound discretion on the subject, and it is impossible... | |
| Asa Kinne - 1852 - 328 páginas
...the case of the United States v. Perez, 9 Wheat., 580, as comprehending all the law on the subject. " We think that in all cases of this nature, the law...into consideration, there is a manifest necessity for file act, or the ends of public justice would otherwise be defeated ; they are to exercise a sound... | |
| Benjamin Robbins Curtis, United States. Circuit Court (1st Circuit) - 1854 - 570 páginas
...cited by the defendant's counsel, is very plain ; yet, speaking even of capital cases, the Court say, " We think that, in all cases of this nature, the law has invested courts of justice with authority to discharge a jury from giving any verdict, whenever, in their opinion, taking all the circumstances... | |
| Edmund Hatch Bennett, Franklin Fiske Heard - 1857 - 642 páginas
...language of Story, J., in Perez's case, that the court may discharge a jury whenever in their opinion " there is a manifest necessity for the act, or the ends of public justice would otherwise bo defeated," must be taken with the necessary allowance. the powers of the court are then at an end,... | |
| Richard Peters - 1860 - 792 páginas
...25. Courts of justice have the authority to discharge the jury from giving any verdict, whenever, if in their opinion, taking all the circumstances into...ends of public justice would otherwise be defeated ; and such a discharge constitutes no bar to further proceedings, and gives no right of exemption to... | |
| Amasa Junius Parker - 1860 - 720 páginas
...manifest injustice to the public or the defendant." And in The United States v. Perez, it was held that " the law has invested courts of justice with the authority to discharge a jury from giving a verdict, whenever, in their opinion, taking all the circumstances into consideration, there is a... | |
| 1862 - 802 páginas
...The prisoner has not been convicted or acquitted, and may be again put upon his defence. We think, in all cases of this nature, the law has invested...consideration, there is a manifest necessity for the act, as the jnds of public justice would otherwise be defeated." And in The People vs. Goodwin, 18 Johns.... | |
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