PEOPLE OF THE STATE OF ILLINOIS ON THE RELATION OF GEORGE F. RAYBURN ET AL., PLAINTIFFS IN ERROR,

v.

HUGH A. BINNS ET AL.

Citator

Cited By

• Arizona v. Washington, 434 U.S. 497 (U.S. 1978)
  …of conviction in the minds of the jury, but produced by suffering of mind or body." The Queen v. Charlesworth, 1 B. & S., at 503-504, 121 Eng. Rep., at 802. United States v. Perez, 9 Wheat. 579; Logan v. United States, 144 U. S. 263; Moss v. Glenn, 189 U. S. 506; Keerl v. Montana, 213 U. S. 135; Dreyer v. Illinois, 187 U. S. 71. It should be noted, however, that the rationale for this deference in the “hung” jury situation is that the trial court is in the best position to assess all the factors which must…
• Gori v. United States, 367 U.S. 364 (U.S. 1961)
  …ent. Mistrial because the jury was unable to agree is the classic example; and that was the critical [*371] circumstance in United States v. Perez, 9 Wheat. 515; Logan v. United States, 144 U. S. 263; Dreyer v. Illinois, 187 U. S. 71; Moss v. Glenn, 189 U. S. 506; Keerl v. Montana, 213 U. S. 135. Tactical situations of an army in the field have been held to justify the withdrawal of a court-martial proceeding and the institution of another one in calmer days. Wade v. Hunter, 336 U. S. 684. Discovery by the j…
• United States v. Dante Edward Gori, 282 F.2d 43 (2d Cir. 1960)
  …cluding: “We think the court did not abuse its discretion.” So the denial of the plea was upheld and the conviction was affirmed. To similar effect are cases such as Ex parte Glenn, C.C.N.D.W.Va., 111 F. 257, reversed on other grounds Moss v. Glenn, 189 U.S. 506, 23 S.Ct. 851, 47 L.Ed. 921, and United States v. Watson, D.C.S.D.N.Y., 28 Fed.Cas. page 499, No. 16,651. Thus while consent may bar resort to the plea, its absence does not relieve the judge of responsibility and discretion to discontinue a particu…

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Authorities Cited

• Castillo v. McCONNICO, 168 U.S. 674 (U.S. 1898)
• Erie R.R. Co. v. Purdy, 185 U.S. 148 (U.S. 1902)
• Butler v. Gage, 138 U.S. 52 (U.S. 1891)