Is there an implied acquittal of a charge of first degree murder in a case where there was a hung jury?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nowlin, 988 F.2d 124 (9th Cir. 1993):
1 Appellants Jones and Nowlin argue that there was an "implied acquittal" on the hung jury counts. The counts at issue are separate and distinct offenses. None were lesser included offenses, so there could have been no implied acquittal. See e.g., Green v. United States, 355 U.S. 184 (1957) (holding that a conviction of second degree murder barred reprosecution of first degree murder charge after the conviction was reversed on appeal).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the acquittal of Gooday on all charges of first-degree murder preclude a retrial on three lesser included charges of murder? (MultiRegion, United States of America)
What are the elements of murder sufficient to allow the jury to find the essential elements of first degree murder? (MultiRegion, United States of America)
Does a jury have the power to acquit a defendant on the charge of first-degree murder? (MultiRegion, United States of America)
Does the 9th Circuit of the Court of Appeal hold that a jury's finding of guilty on a charge of gang membership is not inconsistent with the jury's acquittal on the same charge? (MultiRegion, United States of America)
Does an intoxication instruction on murder second [84 N.Y.2d] degree compel a jury to find a defendant guilty of reckless manslaughter in the first degree? ("New York", United States of America)
What is the test for instructing a jury to convict a defendant of a lesser included charge of murder in the first degree? (MultiRegion, United States of America)
Does a charge for abduction in the second degree of the New York State Penal Law have to be merged with the charge for kidnapping in the first degree? ("New York", United States of America)
If a jury convicted Driggers of the murder of his ex-wife by reason of interstate travel, can the jury convict him of the crime even if the interstate travel was utterly unrelated to the murder scheme? (MultiRegion, United States of America)
Is there a right to appoint a second attorney for a defendant charged with 2 first degree murder? (MultiRegion, United States of America)
Does a jury's acquittal of a charge of sexual assault prevent a sentencing court from considering the conduct underlying the charge? (MultiRegion, United States of America)
