Missouri, K. & T. Ry. Co. v. Smith
Supreme Court of Oklahoma
Missouri, K. & T. Ry. Co. v. Smith, 123 P. 1063 (Okla. 1912)
32 Okla. 841; 1912 OK 393; 1912 Okla. LEXIS 346
Rosser
Missouri, K. & T. Ry. Co. v. Smith
Opinion of the Court
Opinion by
Over the objection of the plaintiff in error, the court instructed the jury that three-fourths of their number might return a verdict. The verdict was actually rendered by ten jurors. Plaintiff in error duly excepted and saved his exceptions.
This question lias been decided in this court in the cases of Pacific Mutual Life Ins. Co. v. Adams, 27 Okla. 496, 112 Pac. 1026; Kerfoot, Bell & Co. v. Kerfoot, 30 Okla. 19, 118 Pac. 367; Border v. Carrabine, 30 Okla. 740, 120 Pac. 1087. In all these cases, it was held >to be error to receive a verdict of less than the whole number of jurors in cases pending prior to statehood.
This case should be reversed and remanded.
By the Court: It is so ordered.
Reference
- Status
- Published
- Syllabus
- ■TRIAL — -Verdict—Validity. In a ease pending before statehood, the verdict of the jury must be unanimous; and it is error to instruct the jury, over the objection of one of the parties, that less than the whole number can return a verdict; and'it is error to receive a verdict by less than the whole number. (Syllabus by Rosser, 0.)