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Trial Juries and the New Rules--Right to Trial by Jury

James R. Richardson

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Abstract

2 Ky.Const.sec.242.3 Ky.Const.sec.7. The "ancient mode of trial by jury" means trial by jury according to the common law.Branham v. Comm., 209 Ky.734, 273 S.W. 489 (1925).The essentials of such mode are that one be tried in a court presided over by a judge, and a jury of twelve of the vicinage, all of whom must agree on the verdict.Jackson v. Comm., 221 Ky.823, 299 S.W. 983 (1927).4 Tillery v. Commercial Nat.Bank, etc., 241 Ala.653, 4 So.2d 125 (1941); Stephens v. Kasten, 883 M11.127, 48 N.E.2d 508 (1943); Echlin v. Superior Court, etc., 13 Cal.2d 368, 90 P. 2d 63 (1939).Note: Kentucky holds the 9

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2 Ky.Const.sec.242.3 Ky.Const.sec.7. The "ancient mode of trial by jury" means trial by jury according to the common law.Branham v. Comm., 209 Ky.734, 273 S.W. 489 (1925).The essentials of such mode are that one be tried in a court presided over by a judge, and a jury of twelve of the vicinage, all of whom must agree on the verdict.Jackson v. Comm., 221 Ky.823, 299 S.W. 983 (1927).4 Tillery v. Commercial Nat.Bank, etc., 241 Ala.653, 4 So.2d 125 (1941); Stephens v. Kasten, 883 M11.127, 48 N.E.2d 508 (1943); Echlin v. Superior Court, etc., 13 Cal.2d 368, 90 P. 2d 63 (1939).Note: Kentucky holds the 9

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2 Ky.Const.sec.242.3 Ky.Const.sec.7. The "ancient mode of trial by jury" means trial by jury according to the common law.Branham v. Comm., 209 Ky.734, 273 S.W. 489 (1925).The essentials of such mode are that one be tried in a court presided over by a judge, and a jury of twelve of the vicinage, all of whom must agree on the verdict.Jackson v. Comm., 221 Ky.823, 299 S.W. 983 (1927).4 Tillery v. Commercial Nat.Bank, etc., 241 Ala.653, 4 So.2d 125 (1941); Stephens v. Kasten, 883 M11.127, 48 N.E.2d 508 (1943); Echlin v. Superior Court, etc., 13 Cal.2d 368, 90 P. 2d 63 (1939).Note: Kentucky holds the 9

Key concepts: Jury, Jury trial, Law, Hung jury, Political science, Psychology

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