Menu
1
150
300
450
600
750

Essays and addresses

Most of the inconvenience that might other- wise result from disagreements in criminal cases is obviated by a not uncommon practice of calling a new jury at once and proceeding forthwith with the new trial.

I have never known this to fail in bringing about a verdict.

No such disad- vantage has arisen from the present practice as to produce any popular demand for its modification; I cannot say that there is any body of judicial, professional or popular opinion looking toward a change.

It does not seem to be quite settled how far at the com- mon law a proceeding in the nature of an appeal could be taken in criminal cases.

That one tried for his life should have no redress when the judge in a court of oyer and ter- miner made a mistake or where the verdict was clearly against the evidence, while in a case involving a few shillings he might take the opinion of the full court and perhaps of the highest court in the land, was undoubtedly anomalous.