The Southeastern Reporter Volume 73 (Paperback)


This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ...sentence could have had but one effect upon the jury, namely, the impression of judicial approbation of the verdict and individual indignation against the accused. The sentence thus Imposed deprived the accused of his legal right to poll the Jury--at least, it destroyed any possible value which the accused could have acquired by the subsequent polling of the jury; for even If any juror had been reluctant in consenting to the verdict, and had changed his mind and had concluded to withdraw his assent when polled, this strong approval by the court of the verdict would have induced any wavering juror to abandon any intended dissent and to agree to the verdict on subsequent polling. The manner in which the sentence was imposed was unusual. It was a striking variance from that orderly judicial procedure which has generally characterized the conduct of Judges In imposing sentences in cases of such gravity. In a practice of 35 years, 12 years of which was as prosecuting attorney, the writer never knew the presiding judge to impose a sentence of such severity In a case of such grave character without first asking counsel and accused If there was any reason why sentence should not then be imposed, and he has never known the presiding judge in the slightest degree to interfere or prevent the full exercise of the right of the accused to poll the jury after the verdict had been published, or by word or deed to impair the possible value in the exercise of such right This very unusual conduct of the judge must therefore have made a strong Impression upon the minds of each one of the jurors, for it Is altogether probable that they had never before seen it occur in court, a place where "justice is judicially administered." The writer does not mean by these remarks...

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Product Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ...sentence could have had but one effect upon the jury, namely, the impression of judicial approbation of the verdict and individual indignation against the accused. The sentence thus Imposed deprived the accused of his legal right to poll the Jury--at least, it destroyed any possible value which the accused could have acquired by the subsequent polling of the jury; for even If any juror had been reluctant in consenting to the verdict, and had changed his mind and had concluded to withdraw his assent when polled, this strong approval by the court of the verdict would have induced any wavering juror to abandon any intended dissent and to agree to the verdict on subsequent polling. The manner in which the sentence was imposed was unusual. It was a striking variance from that orderly judicial procedure which has generally characterized the conduct of Judges In imposing sentences in cases of such gravity. In a practice of 35 years, 12 years of which was as prosecuting attorney, the writer never knew the presiding judge to impose a sentence of such severity In a case of such grave character without first asking counsel and accused If there was any reason why sentence should not then be imposed, and he has never known the presiding judge in the slightest degree to interfere or prevent the full exercise of the right of the accused to poll the jury after the verdict had been published, or by word or deed to impair the possible value in the exercise of such right This very unusual conduct of the judge must therefore have made a strong Impression upon the minds of each one of the jurors, for it Is altogether probable that they had never before seen it occur in court, a place where "justice is judicially administered." The writer does not mean by these remarks...

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Product Details

General

Imprint

Rarebooksclub.com

Country of origin

United States

Release date

March 2012

Availability

Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available.

First published

March 2012

Authors

Dimensions

246 x 189 x 51mm (L x W x T)

Format

Paperback - Trade

Pages

1024

ISBN-13

978-1-130-13930-3

Barcode

9781130139303

Categories

LSN

1-130-13930-1



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