· 5/10/1944
Baum v. Morhous
Citations
- 267 A.D. 1028
- 48 N.Y.S.2d 80
- 1944 N.Y. App. Div. LEXIS 6085
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that juries should not be permitted to consider a lesser-included offense until after they unanimously find defendant not guilty of the greater offense
- holding that juries should not be permitted to consider a lesser-included offense until after they unanimously find defendant not guilty of the greater offense
- concluding that acquittal first instructions did not offend defendant’s right to jury trial under Tennessee constitution
- concluding that \unable to agree\ instructions \have a deleterious effect\ on the state because they may prevent retrial of an offense on which the jury did not find the defendant not guilty
- concluding that “unable to agree” instructions “have a deleterious effect” on the state because they may prevent retrial of an offense on which the jury did not find the defendant not guilty
- noting that “it is the duty of the jury not to reach compromise verdicts based on sympathy for the defendant or to appease holdouts, but to render a just verdict by applying the facts it finds to the law it is charged.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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