State v. Levy
| Decision Date | 03 December 1877 |
| Parties | STATE OF MINNESOTA <I>vs.</I> JACOB LEVY and others. |
| Court | Minnesota Supreme Court |
verdict for the plaintiff, and handed the same in writing to the court. The judge thereupon handed said writing to the clerk, and the clerk thereupon read the same to the jury and inquired of them if that was their verdict, to which the jury assented, and thereupon the jury were discharged. The verdict was not recorded by the clerk, nor read to the jury by him from the minutes of court, nor entered upon said minutes prior to the discharge of the jury. The defendants, under these circumstances, objected to the verdict being entered or recorded by the clerk, upon the ground that it should have been so entered before the jury were discharged, and said jury inquired if such verdict so recorded was their verdict. The objection was overruled and defendants excepted.
Davis, O'Brien & Wilson, for appellants.
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Geo. P. Wilson, Attorney General, and A. H. Snow, for respondent.
On October 19, 1875, Levy was convicted before the district court in the county of Winona of the crime of larceny of property exceeding $100 in value. The court thereupon, upon his motion, made an order that he be admitted to bail, pending the sentence, in the sum of $1,200.
Pursuant to this order, October 21st, the defendants executed the recognizance sued on, which was conditioned that Levy should appear at the then term of the court, or at any other term of the court when required for that purpose, to receive the sentence of the court on said conviction, and to do and receive what the court should order in the premises; and he was thereupon released from custody.
A motion was made for a new trial, November 8th, and denied, and from the order denying it an appeal was taken, November 16th, to the supreme court. November 22d the supreme court, by order, stayed all the proceedings in the district court. At the April term, 1876, the supreme...
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State v. Dingman, 27337.
...did not record the verdict until after the jury had been discharged, it is sufficient to say that it was decided as long ago as State v. Levy, 24 Minn. 362, that discharging the jury before recording the verdict is an irregularity only and without prejudice to the defendant. But for the rea......
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State v. Talcott
...that failure to read to the jury the verdict as recorded vitiates the verdict cannot be sustained. We have held to the contrary. State v. Levy, 24 Minn. 362. It is good practice to follow the statute and to have the clerk present when a verdict is received. But such an unprejudicial irregul......
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In re Boulter
... ... contended, that the prisoner is not entitled to bail after ... his conviction of a felony, and cited R. S., sec. 3326; ... Hampton v. State, 42 O. St., 401; State v ... Anselm, 43 La. Ann., 195; Ex parte Ezell, 40 Tex. 451; ... Ex parte Schwartz, 2 Tex. App., 75; State v. Connor, 2 ... State, 6 How. (Miss.), 399; State v. Ward, 2 ... Hawks, 445; Corbett v. State, 24 Ga. 391; Ex ... parte Dyson, 25 Miss. 356; State v. Levy, 24 Minn ... 362; Hurd Hab. Corp., 444 et seq.) ... GROESBECK, ... CHIEF JUSTICE. CONAWAY and POTTER, JJ., concur ... ...
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Ford v. State
...by the rules and practice of the common law. A like view is expressed by Gilfillan, C. J., under the constitution of Minnesota, in State v. Levy, 24 Minn. 362. In the supreme court of the United States, where it has not been made the subject of either constitutional or statutory enactment, ......