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SIMMONS v. UNITED STATES

No. 1296.

142 U.S. 148 (1891)

12 S.Ct. 171

35 L.Ed. 968

SIMMONS, v. UNITED STATES.

Supreme Court of United States.

Decided December 21, 1891.

Attorney(s) appearing for the Case

Mr. John Jay Joyce (with whom was Mr. Samuel Shellabarger) for plaintiff in error.

Mr. Attorney General appeared for the defendant in error, but the court declined to hear argument.

MR. JUSTICE GRAY, after stating the case as above, delivered the opinion of the court.

The general rule of law upon the power of the court to discharge the jury in a criminal case before verdict was laid down by this court more than sixty years ago, in a case presenting the question whether a man charged with a capital crime was entitled to be discharged because the jury, being unable to agree, had been discharged, without his consent, from giving any verdict upon...

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