People v. Jones
| Decision Date | 21 June 1882 |
| Citation | 12 N.W. 848,48 Mich. 554 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. JONES. |
A plea of former acquittal is prima facie sufficient if it shows that a jury had been empanelled and that the prosecution went into proofs by witnesses until they rested their case. This would entitle defendant to a verdict for or against him, and a discharge of the jury without a verdict would discharge the respondent unless there was some overruling necessity, and if there had been, it should be set up by replication to the plea.
The record in this case shows an information, a plea of former acquittal in bar, a demurrer to the plea, the demurrer overruled, trial, conviction and sentence. The plea of former acquittal shows no verdict, but it shows that a jury was empanelled, and that the prosecution went into proofs by witnesses until they rested their case. Under all the authorities this entitled defendant to a verdict one way or the other, and if the jury was discharged without verdict and without any overruling necessity, this was a final discharge of the accused. If any reason existed that should give the discharge of the jury any different effect in the case, it should have been presented by replication. This was not done, but the prosecution left the case to stand upon the plea. As that was sufficient in substance, the judgment must be reversed and the prisoner discharged.
(The other justices concurred.)
To continue reading
Request your trial
-
State v. Barry
... ... Clark's Criminal Law, 374 ... No man ... shall be twice put in jeopardy of life or limb for the same ... offense. People" v. Goodwin, 18 Johns. 201; Ex parte ... Lange, 18 Wall. 163, 21 L.Ed. 872; Coleman v. Tennessee, 97 ... U.S. 509, 24 L.Ed. 1118 ... \xC2" ... 208; Golding v ... State, 31 Fla. 262, 12 So. 525; State v. Helm, ... 92 Iowa 540, 61 N.W. 246; State v. Ross, 29 Mo. 32; ... Jones v. State, 13 Tex. 168, 62 Am. Dec. 550; ... Parker v. State, 22 Tex.App. 105, 3 S.W. 100; ... Smith v. State, 22 Tex.App. 316, 3 S.W. 684; ... ...
-
People v. Pribble
...or prejudice. The ultimate ruling in that case in fact rested upon the proposition stated by Justice Cooley in People v. Jones, 48 Mich. 554, 555, 12 N.W. 848 (1882), that where a jury has been impaneled and the prosecution has presented its case, if the jury is discharged without a verdict......
-
State ex rel. Conway v. Blake
...1; Adams v. State, 99 Ind. 244; Foster v. State, 88 Ala. 182; State v. McKee, 1 Bailey, S. C.; 14 O., 295; 12 O. St., 214; 14 id., 493; 48 Mich. 554.) N. Potter, Attorney General, for the State, and for respondent in mandamus proceeding. Although a trial judge may be required by mandamus to......
-
People v. Anglin
...which courts hold necessary to constitute a mistrial.' In addition to Parker and Brosky, such a test was applied in People v. Jones (1882) 48 Mich. 554, 12 N.W. 848 Taylor, Schepps and Bigge. In Schepps, 231 Mich. at page 268, 203 N.W. at page 884, an expanded statement is 'Under the rule w......