The South Western Reporter, Volume 259West Publishing Company, 1924 Includes the decisions of the Supreme Courts of Missouri, Arkansas, Tennessee, and Texas, and Court of Appeals of Kentucky; Aug./Dec. 1886-May/Aug. 1892, Court of Appeals of Texas; Aug. 1892/Feb. 1893-Jan./Feb. 1928, Courts of Civil and Criminal Appeals of Texas; Apr./June 1896-Aug./Nov. 1907, Court of Appeals of Indian Territory; May/June 1927-Jan./Feb. 1928, Courts of Appeals of Missouri and Commission of Appeals of Texas. |
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Page 6
... jury can render a ver- dict of guilty .. 4. Criminal law 172 - Discharge of juror held not to constitute " jeopardy . " Discharge of a juror over accused's ob- jection and exception after the jury had been selected and sworn when ...
... jury can render a ver- dict of guilty .. 4. Criminal law 172 - Discharge of juror held not to constitute " jeopardy . " Discharge of a juror over accused's ob- jection and exception after the jury had been selected and sworn when ...
Page 7
... jury or a single juror during the course of the trial . McCulloch , C. J. , dissenting . Appeal from Circuit Court , Hempstead County ; Jas . H. McCollum , Judge . Finley Martin was convicted of possessing a still and still worm , and ...
... jury or a single juror during the course of the trial . McCulloch , C. J. , dissenting . Appeal from Circuit Court , Hempstead County ; Jas . H. McCollum , Judge . Finley Martin was convicted of possessing a still and still worm , and ...
Page 8
... jury had been sworn and the prosecuting at- torney was engaged in making his opening statement , whereupon a juror stated that he had been a member of the grand jury which had returned the indictment . The court gave appellant an ...
... jury had been sworn and the prosecuting at- torney was engaged in making his opening statement , whereupon a juror stated that he had been a member of the grand jury which had returned the indictment . The court gave appellant an ...
Page 9
... jury , after the jury has been sworn to try the Stephens , 11 S. C. 319 ; State v . Hill , 46 La . case , whenever , from any cause , such a ne- Ann . 736 , 15 South . 145 ; Yarbrough v . State , cessity exists as to make it apparent ...
... jury , after the jury has been sworn to try the Stephens , 11 S. C. 319 ; State v . Hill , 46 La . case , whenever , from any cause , such a ne- Ann . 736 , 15 South . 145 ; Yarbrough v . State , cessity exists as to make it apparent ...
Page 10
... jury be divided in opinion , the court may discharge the jury and com- mit or bail the accused for another trial . It cannot be contended that this qualifica- tion forbids a second trial except in those cases only where the jury was ...
... jury be divided in opinion , the court may discharge the jury and com- mit or bail the accused for another trial . It cannot be contended that this qualifica- tion forbids a second trial except in those cases only where the jury was ...
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Popular passages
Page 233 - January, eighteen hundred and ninetyeight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.
Page 407 - ... no person, or collection of persons, charged with the exercise of powers properly belonging to one of those departments, shall exercise any power properly belonging to either of the others, except in the instances in this constitution expressly directed or permitted.
Page 72 - And any compulsory discovery by extorting the party's oath, or compelling the production of his private books and papers, to convict him of crime, or to forfeit his property, is contrary to the principles of a free government. It is abhorrent to the instincts of an Englishman; it is abhorrent to the instincts of an American. It may suit the purposes of despotic power, but it cannot abide the pure atmosphere of political liberty and personal freedom.
Page 48 - ... in violation of the Fourth and Fifth Amendments to the Constitution of the United States, which objection was overruled by the court.
Page 128 - ... the question is, not whether the covenant runs with the land, but whether a party shall be permitted to use the land in a manner inconsistent with the contract entered into by his vendor and with notice of which he purchased.
Page 28 - ... shall be liable only for such portion of the indemnity promised as the said indemnity bears to the total amount of like indemnity in all policies covering such loss, and for the return of such part of the premium paid as shall exceed the pro rata for the indemnity thus determined.
Page 73 - If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense...
Page 202 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank 224 § 326 is not liable to the holder, unless and until it accepts or certifies the check.
Page 200 - with full power to settle the affairs, collect the outstanding debts and divide the moneys and other property among the stockholders, after paying the debts...
Page 66 - the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted.