Thomas Hoffman v. State of Maryland
20 Md 425
CASE SUMMARY
PROCEDURAL POSTURE: Defendant appealed a decision from the Criminal Court of Baltimore City (Maryland), which overruled his motion for discharge from custody on double
jeopardy grounds and later convicted him of second-degree murder.
OVERVIEW: Defendant was indicted for murder. A jury was empanelled and sworn, but the trial court discharged them from giving any verdict due to the failure of the State's
witnesses to appear when summoned. Defendant then sought discharge from custody, alleging that he had been put on trial under an indictment and the jury was discharged over
defendant's objection before they could agree on a verdict. This motion was overruled and defendant was brought to trial during the next term and convicted. On appeal, the court held
that the double jeopardy clause of U.S. Const. amend. 5 meant that where there had been a final verdict of either acquittal or conviction, on an adequate indictment, defendant could not
be tried a second time for the particular offense. Where the jury had not returned a verdict, defendant had not been placed in jeopardy. The court also held that it had no power to
review
the trial court's decision to discharge the jury because such a matter was entirely within the trial court's discretion.
The court dismissed the writ of error.
Appellate Court Records:
COURT OF APPEALS (Docket) Thomas
Hoffman v. State of Maryland, 1863, December Term no. 256, p. 161 [MSA S412-8, 1/66/14/39].
COURT OF APPEALS (Opinions) Thomas
Hoffman v. State of Maryland, 1863, December Term no. 256 [MSA S393-19, 1/65/12/61].
COURT OF APPEALS (Briefs) Thomas
Hoffman v. State of Maryland, 1863, December Term no. 256 [MSA S375-36, 1/64/13/5].
COURT OF APPEALS (Judgments) Thomas Hoffman v. State of Maryland, 1863, December Term no. 256 [MSA S381-139, 1/63/8/26].
Trial Court Records
BALTIMORE CITY CRIMINAL COURT
(Criminal Docket) State v. Hoffman, 1859, September Term, no. 441, p. 56 [MSA C1849-12, 3/29/14/33].
BALTIMORE CITY CRIMINAL COURT
(Criminal Docket) State v. Hoffman, 1860, January Term, no. 73, p. 13 [MSA C1849-13, 3/29/14/34].
BALTIMORE CITY CRIMINAL COURT
(Criminal Docket) State v. Hoffman, 1860, May Term, no. 1, p. 1 [MSA C1849-14, 3/29/14/35].
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