Ex parte Glenn

Citations

• 111 F. 257
• 1901 U.S. App. LEXIS 4962

Syllabus

<p>1. Criminal Law—Former Jeopardy-Discharge of Jury.</p> <p>A prisoner once tried for felony before a jury regularly impaneled, which failed to agree, and was discharged by the court without tlu prisoner’s consent, and without any actual, imperious necessity, cannot under the fifth constitutional amendment, be retried for the same offense</p> <p>2. Same—Waiver.</p> <p>A prisoner on trial for a felony cannot waive any constitutional rights.</p> <p>3. Same—Silence of Prisoner.</p> <p>The fact that a prisoner made no objection to the discharge of the jury, but remained silent, is not a consent to such discharge.</p> <p>4 Same—Statute of West Virginia.</p> <p>Code W. Va. c. 159, § 7, which provides that “in any criminal case the court may discharge the jury when it appears that they cannot agree in their verdict,” as construed by the courts of Virginia, from which it was substantially adopted, does not authorize the discharge of a jury and the holding of the prisoner for another trial unless the record shows that such discharge was with the prisoner’s consent or from imperious necessity. Any other construction would render it invalid.</p> <p>5. Jurisdiction of Federal Courts—Habeas Corpus—Discharge of State Prisoner.</p> <p>A circuit court of the United States has jurisdiction to discharge on habeas corpus a prisoner held for trial on indictment in a state court, where lie is restrained of his liberty in violation of the constitution of the United States. 1</p>