United States v. Josef Perez

Decision Date17 March 1824
Citation9 Wheat. 579,22 U.S. 579,6 L.Ed. 165
PartiesThe UNITED STATES v. JOSEF PEREZ
CourtU.S. Supreme Court

Mr. Justice STORYdelivered the opinion of the Court.

This cause comes up from the Circuit Court for the southern district of New-York, upon a certificate of division in the opinions of the Judges of that Court.The prisoner, Josef Perez, was put upon trial for a capital offence, and the jury, being unable to agree, were discharged by the Court from giving any verdict upon the indictment, without the consent of the prisoner, or of the Attorney for the United States.The prisoner's counsel, thereupon, claimed his discharge as of right, under these circumstances; and this forms the point upon which the Judges were divided.The question, therefore, arises, whether the discharge of the jury by the Court from giving any verdict upon the indictment, with which they were charged, without the consent of the prisoner, is a bar to any future trial for the same offence.If it be, then he is entitled to be discharged from custody; if not, then he ought to be held in imprisonment until such trial can be had.We are of opinion, that the facts constitute no legal bar to a future 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 authority to discharge a jury from giving any verdict, whenever, in their opinion, taking all the circumstances...

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1501 cases
  • Commonwealth v. Washington
    • United States
    • Virginia Supreme Court
    • March 1, 2002
    ...Court's test, the mistrial will bar retrial unless there was a "manifest necessity" for the mistrial. United States v. Perez, 22 U.S. (9 Wheat.) 579, 580, 6 L.Ed. 165 (1824); see also Allen, 252 Va. at 109, 472 S.E.2d at In the present case, it is undisputed that the first jury was sworn an......
  • State v. Tate
    • United States
    • Connecticut Supreme Court
    • May 22, 2001
    ...in the context of a declaration of a mistrial over a defendant's objection, the seminal decision is United States v. Perez, 22 U.S. (9 Wheat.) 579, 6 L. Ed. 165 (1824). That case enjoys continued vitality. See Arizona v. Washington, 434 U.S. 497, 506, 98 S. Ct. 824, 54 L. Ed. 2d 717 (1978);......
  • Stone v. Superior Court
    • United States
    • California Supreme Court
    • June 1, 1982
    ...necessity required it. (Arizona v. Washington (1978) 434 U.S. 497, 503-505, 98 S.Ct. 824, 829-830, 54 L.Ed.2d 717; United States v. Perez (1824) 22 U.S. 579, 580, 6 L.Ed. 165; § 1140; Larios v. Superior Court, supra, 24 Cal.3d 324, 329, 155 Cal.Rptr. 374, 594 P.2d 491; People v. Rojas (1975......
  • State v. Felton
    • United States
    • North Carolina Supreme Court
    • January 27, 1992
    ...necessity requiring the declaration of a mistrial. State v. Odom, 316 N.C. at 310, 341 S.E.2d at 334; see also United States v. Perez, 22 U.S. (9 Wheat.) 579, 6 L.Ed. 165 (1824). Similarly, under our statutes a court may declare a mistrial where "[i]t appears there is no reasonable probabil......
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6 books & journal articles
  • INDEX OF CASES
    • United States
    • Briefing and Arguing Federal Appeals Chapter XIV
    • Invalid date
    ...553, 263 U. S. 350) 366 Pennsylvania Coal Co. v. Mahon (260 U. S. 393) 150 People of, see name of opposing party Perez; United States v. (9 Wheat. 579) 184 Perfetto; Rowoldt v. (355 U. S. 115) 110 Perlstein v. United States (151 F.2d 167 [C.A. 3], certiorari granted 327 U. S. 777, dismissed......
  • Appendix F Table of Authorities
    • United States
    • State Bar of Arizona DUI Trial Notebook (2021 Ed.) Appendix F Table of Authorities
    • Invalid date
    ...States v. Law, 528 F.3d 888 (D.C. Cir. 2008)................................................................91 United States v. Perez, 22 U.S. 579 (1824).....................................................................................4 United States v. Vitek Supply Corp., 144 F.3d 476 (......
  • Use of essentially historical materials.
    • United States
    • Briefing and Arguing Federal Appeals Chapter III
    • Invalid date
    ...the reviewing and, if there be one, the confirming authority shall have taken final action upon the case."[212] United States v. Perez, 9 Wheat. 579.[213] Clawans v. Rives, 104 F. 2d 240 (App. D. C.) ; McCarthy v. Zerbst, 85 F. 2d 640 (C.A. 10) . See, however, for a broader view, Pratt v. U......
  • The Military's Dilution of Double Jeopardy: Why United States v. Easton Should Be Overturned
    • United States
    • Military Law Review No. 219, March 2014
    • March 1, 2014
    ...1824 to measure whether a retrial is justified due to unique or unforeseeable circumstances, such as a mistrial. United States v. Perez, 22 U.S. 579, 580 (1824). 10 Easton , 71 M.J. at 174. 178 MILITARY LAW REVIEW [Vol. 219 follow the Supreme Court’s holding in Crist that jeopardy attaches ......
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