People v. O'Neil
THE PEOPLE v. WM. B. O'NEIL
- Area
- criminal
- Panel
- Richard W. Rhodes (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Rhodes
By the Court, Rhodes, J.:
The defendant was convicted of an assault, with intent to commit rape. The verdict was rendered by a jury consisting of only eleven jurors; and this is assigned by the defendant as error. The Attorney-General confesses the error; and it may be added that the authorities cited by the .defendant establish the proposition that a jury in a criminal action must, within the meaning of the constitution, consist of twelve men.
The indictment does not charge an assault with intent to commit rape. It, at best, only charges an assault. It is not alleged that the offense was committed within the county in which the defendant was indicted.
Judgment reversed, and cause rémanded. Remittitur forthwith.
Cited by
- People v. Clark Crim. 1587 · 1938-01-08
- People v. Bruneman Crim. 2571 · 1935-01-24
- People v. Deegan No. 20764 · 1891-04-18