A Treatise On Criminal Pleading And Practice
A Treatise On Criminal Pleading And Practice
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^ There- fore, if a juror falls sick during the trial, the case cannot go on and a verdict be found by the other eleven jurors, even by the defendant's consent* As statutes have often been passed permitting a waiver of trial by jury, it becomes necessary to consider their constitutionality.
§ 227. The ConstitationB of eadi State secure to one ao- ciued of crime the right to trial by jury. Consequently, in cases to which the Constitution applies no statute could legally be passed which should di...spense with the right. Nor can the number be reduced below twelve,^ In several States, the right secured is to trial by 1 S. V. Hudkins, 86 W. Va. 247, 18 S. E, 867.
a BuUard v, S., 38 Tex. 504.
» P. V. O'Neil, 48 Cal. 267; S. v, Maine, 27 ConiL 281 ; Harm v.
P., 128 in. 686, 21 N. E. 668; P. v. Smith, 9 MidL 193 ; Williams f\ S., 12 Oh. S. 622.
« S. V. Mansfield, 41 Mo. 470.
6 Collins V. S., 88 Ala. 212, 7 So. 260; Work v. S., 2 Oh. a 296.
Digitized by Google THE JUBY. 266 jury " as heretofore enjoyed ; '* or it is provided that the right ^^ shall remain inviolate." In these, and perhaps in other States, it has been held that the constitutional provision does not apply in the case of small misdemeanors and violations of municipal by-laws, where trial by jury could not be demanded at the time the Constitution was adopted ; and it is, accordingly, held in such States that statutes may provide for the trial of such offences by a magistrate without a jury.
What to read after A Treatise On Criminal Pleading And Practice?
You can find similar books in the "Read Also" column, or choose other free books by Joseph Henry Beale to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
^ There- fore, if a juror falls sick during the trial, the case cannot go on and a verdict be found by the other eleven jurors, even by the defendant's consent* As statutes have often been passed permitting a waiver of trial by jury, it becomes necessary to consider their constitutionality.
§ 227. The ConstitationB of eadi State secure to one ao- ciued of crime the right to trial by jury. Consequently, in cases to which the Constitution applies no statute could legally be passed which should di...spense with the right. Nor can the number be reduced below twelve,^ In several States, the right secured is to trial by 1 S. V. Hudkins, 86 W. Va. 247, 18 S. E, 867.
a BuUard v, S., 38 Tex. 504.
» P. V. O'Neil, 48 Cal. 267; S. v, Maine, 27 ConiL 281 ; Harm v.
P., 128 in. 686, 21 N. E. 668; P. v. Smith, 9 MidL 193 ; Williams f\ S., 12 Oh. S. 622.
« S. V. Mansfield, 41 Mo. 470.
6 Collins V. S., 88 Ala. 212, 7 So. 260; Work v. S., 2 Oh. a 296.
Digitized by Google THE JUBY. 266 jury " as heretofore enjoyed ; '* or it is provided that the right ^^ shall remain inviolate." In these, and perhaps in other States, it has been held that the constitutional provision does not apply in the case of small misdemeanors and violations of municipal by-laws, where trial by jury could not be demanded at the time the Constitution was adopted ; and it is, accordingly, held in such States that statutes may provide for the trial of such offences by a magistrate without a jury.
What to read after A Treatise On Criminal Pleading And Practice?
You can find similar books in the "Read Also" column, or choose other free books by Joseph Henry Beale to read onlineMoreLess
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