State v. Chambers

Citations

• 9 Idaho 673
• 75 P. 274
• 1904 Ida. LEXIS 78

Syllabus

<p>Criminal Law — Reading Information and Stating Plea to Jury— Urging Jury to Agree — Prejudicial Error.</p> <p>1. Under section 7855, Revised Statutes, which provides that where the indictment or information charges a felony, “the clerk must read it, and state the plea of the defendant to the jury,” a failure to read the indictment or information, and state the plea by the clerk or any officer of the court is reversible error.</p> <p>2. On trial of a felony ease, the jury, after having deliberated for considerable time, returned into court for further instructions, and thereupon the court gave them some directions and sent them back to the juryroom. On the following day they came into court and announced that they could not agree, whereupon the court reminded them of the great expense of such a trial to the county, and admonished them to meet in a proper spirit of inquiry and investigation, and try to get together and not to have too much pride in their individual opinions, and that it did not seem to him that the ease involved a great deal of difficulty, and then sent them back to the juryroom. After again remaining out for some time, they returned into court and announced that they could not agree, whereupon the court again admonished them and reiterated practically all he had before said to them, and told them that they should accommodate themselves to the condition of affairs and come to an agreement, and that the administration of justice, demanded it, and thereafter the jury returned and brought in a verdict of guilty. Held, that such instructions, admonitions, and urging by the judge were reversible error.</p> <p>3. Held, further, that a verdict returned under such circumstances does not represent the fair and deliberate judgment of the-jury.</p> <p>,(Syllabus by the court.)</p>