TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    NEED FAST HELP! What if: Two indictments in Trial and verdict on only one?
Go
New
Find
Notify
Tools
Reply
  
NEED FAST HELP! What if: Two indictments in Trial and verdict on only one? Login/Join 
Member
posted
I have a trial, and I agreed to try both cases to the jury at the same time. Agg Assault on a Public Servant. Two seperate officers. Facts: Def driving his car directly at officers.

Jury has indicated they have reached a unanimous decision in one cause, and deadlocked on other. We just sent in an allen charge? Can we accept one verdict?
 
Posts: 17 | Location: Sherman, Texas, USA | Registered: December 03, 2003Reply With QuoteReport This Post
Member
posted Hide Post
I'm not at my desk so I don't have caselaw handy but check Ward v. State. It's an aggravated perjury case out of Bowie County.
We had 2 counts and the jury convicted of one and acquitted of the other. There's a lot of language in the opinion about inconsistent verdicts and how counts are independent of each other. It may not be exactly on point, but it may point you in the right direction.
 
Posts: 280 | Registered: October 24, 2002Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    NEED FAST HELP! What if: Two indictments in Trial and verdict on only one?

© TDCAA, 2001. All Rights Reserved.