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Story
November 11, 1853
The Kalida Venture
Kalida, Putnam County, Ohio
What is this article about?
Judge Hurd of Knox County rules that probate court jury trials must have 12 jurors per constitution, invalidating six-person juries and affecting criminal cases until law changes. Editorial doubts necessity of alteration, emphasizing jury virtue beyond numbers.
Clipping
OCR Quality
98%
Excellent
Full Text
TRIAL BY JURY.-Judge Hurd of the Knox county Common Pleas, has decided on a writ of error that the trial before a jury of six men in the Probate Court is invalid. He holds that the constitution means a jury of 12 men-no less. A general ruling in the same way would put an end to criminal prosecutions requiring a jury trial in the Probate Court until the law can be altered.-Union.
We doubt its becoming general, or the necessity of alteration of the law. The trial by jury does not find its virtue in mere numbers, and because 12 has been held the number of a petit jury, it does not necessarily result that this cabalistic number so goes to the essential character of a trial jury that the word must always mean that many, unless defined by the Constitution to mean a lesser or greater number.
We doubt its becoming general, or the necessity of alteration of the law. The trial by jury does not find its virtue in mere numbers, and because 12 has been held the number of a petit jury, it does not necessarily result that this cabalistic number so goes to the essential character of a trial jury that the word must always mean that many, unless defined by the Constitution to mean a lesser or greater number.
What sub-type of article is it?
Historical Event
Crime Story
What themes does it cover?
Justice
Crime Punishment
What keywords are associated?
Jury Trial
Probate Court
Constitution
Knox County
Judge Hurd
Criminal Prosecution
What entities or persons were involved?
Judge Hurd
Where did it happen?
Knox County
Story Details
Key Persons
Judge Hurd
Location
Knox County
Story Details
Judge Hurd rules that trial by jury of six men in Probate Court is invalid, holding that constitution requires 12 men. This would end criminal prosecutions requiring jury trial in Probate Court until law altered. Commentary doubts general application or need for law change, as virtue of jury trial not in mere numbers.