Summary

by John Marshall Harlan,  Bucklin v. United States (159 U.S. 682…

“ The learned assistant attorney general refers to section 1036 of the Revised Statutes, providing that 'on an indictment against several, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment shall be entered accordingly; and the cause as to the other defendants may be tried by another jury.' He properly insists that that section is not, in terms, applicable to separate indictments, tried together ”
Source: Wikisource

by John Marshall Harlan,  Bucklin v. United States (159 U.S. 682…

“ It is assigned for error that the court overruled the defendant's motion for a new trial. A refusal to grant a new trial cannot be reviewed upon writ of error. Blitz v. U.S., 153 U.S. 308, 312, 14 Sup. Ct. 924; Wheeler v. U.S., 16 Sup. Ct. 93.
4. But there was error prejudicial to the accused in the instruction to the jury that while they might find a verdict of guilty as to all three defendants on trial, or find some guilty and some not guilty, they could not find a verdict as to some and disagree as to others.
”
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature