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· 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).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.