State v. Barnes

Citations

• 54 Wash. 493
• 103 P. 792
• 1909 Wash. LEXIS 1023

Syllabus

<p>Criminal Daw — Former Jeopardy — Discharge of Jury — Necessity — Discretion of Court. A plea of former jeopardy is properly overruled, where it is based on the fact that at a former trial a jury was discharged on the statement of the foreman that the jurors could not agree upon the question of the sanity of the prisoner at the time of the commission of the offense, unless the court would instruct them as to whether the prisoner would be imprisoned for life or might be subsequently released; since the necessity for such a discharge is a matter within the sound discretion of the trial court, and no abuse of discretion appears where the jury had already deliberated forty-three hours.</p> <p>Jury — Drawing Jury — Directory Provisions — Appeal — Harmless Error. Statutory provisions for the drawing of a panel are mainly directory, and failure to precisely conform thereto will not warrant a reversal of a conviction, where none of the jurors were incompetent or improperly drawn, no prejudice against the defendant was shown or any of his rights injuriously affected, and he declined to use an additional challenge accorded him.</p> <p>Same — Challenge to the Panel — For Cause. A challenge to the panel is not sustainable by reason of the drawing of three jurors who had served on a former trial, since they could be challenged for cause.</p>