A Treatise On the Criminal Law of the United States

Cover A Treatise On the Criminal Law of the United States
A Treatise On the Criminal Law of the United States
Francis Wharton
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McEee, 1 Bailey, 651. See, also, Sperry v.
Com. 9 Leigh, 623. See post, § 3168, 3305.
c Dickins. Quar. Sess. 570.
d "EL V. Stevenson, 2 Leach C. C.
546; R. V. Streek, 2 C. & P. 418; see R. 9. Fitzgerald, 1 C. & E. 201 — Cress- well, J.; Foster's Crown Law, 22, Wedderbnm's case.
e People v. Ellis, 15 Wend. 871; though see Ellock v. People, 2 Parker C. R. 676 ; State v. Weaver, 18 Ire- dell, 208 ; see post, § 8168, 3308.
fELv. Jeffs, 2 Strange, 984 ; Peo- ple if. Barrett, 2 Caines, 805 ; U. S. v.
...
Shoemaker, 2 McLean, 114; Elock v.
People, 2 Parker C. R. 676 ; Kinlock's case, Foster, 16.
488 Digitized by Google § 590.] PLEAS : [book I.
Statutory close of term of court. — Except in North Carolina, ^r this has been held to justify a discharge, which is no bar to a second trial, h Sickness of judge. — This, as has been already noticed, is suf- ficient ground, under the same limitation, as the sickness of a juror, t Death of judge. — The death of a judge, to whom a case was submitted by consent, for decision without a jury, such death be- ing before decision rendered, does not relieve a defendant, in an in- dictment for misdemeanor, from a second trial, j And the same rule exists as to the death of a judge during a trial before a jury.y^ Sickness or incapacity of witness.


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