Legal Opinion

People v. Thayer

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1909PublishedCited by 9 opinions

Appeal by the defendant, Alfred Thayer, from an order of the County Court of Chemung county, entered in the office of the clerk of said county on the 3d day of September, 1908, denying the defendant’s motion for a new trial.

1Opinion of the Court

Sewell, J.:

The defendant was convicted of the crime of robbery in the first degree. One of the ¡jurors who served-on the trial was over the age of seventy years. .

It appeared by affidavits that neither the defendant nor his counsel knew the juror was disqualified at the time of the trial.' Ho challenge or other objection to his qualification was made. The question presented is whether the acceptance of the juror by the defendant was a waiver of the objection to his qualification.. It was early settled that a failure to object to the -qualifications . of a juror was a waiver of all objections,…

2Cases cited8 opinions

  1. Stephens v. . the PeopleNew York Court of Appeals · 1859
  2. People v. JewettNew York Supreme Court · 1831
  3. State v. VogelWisconsin Supreme Court · 1868
  4. Eggleston v. SmileyNew York Supreme Court · 1819
  5. Williams v. StateMississippi Supreme Court · 1872

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. . CosmoNew York Court of Appeals · 1912
  2. People v. FosterAppellate Division of the Supreme Court of the State of New York · 1984
  3. Collinson v. Wier, New York County Courts1915
  4. People ex rel. Ostwald v. CraverNew York Supreme Court · 1946
  5. Collinson v. WierNew York County Court, Lewis County · 1915

4 more not listed; retrieve them via the Exa API.

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