Legal Opinion

People v. Vermilyea

New York Supreme Court

Decided May 15, 1827PublishedCited by 21 opinions

This cause came before the court on a return to the certiorari granted by Woodworth, J., upon grounds mentioned 6 Cowen., 555, S. C.; and was discussed upon the points there decided by him, as to the nature and effect of the challenge against Norwood, the juror; and the proceedings upon it in the court below. The case will be found stated there, (p. 556, 7,) substantially, as it was now presented by the return.

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This cause came before the court on a return to the certiorari granted by Woodworth, J., upon grounds mentioned 6 Cowen., 555, S. C.; and was discussed upon the points there decided by him, as to the nature and effect of the challenge against Norwood, the juror; and the proceedings upon it in the court below. The case will be found stated there, (p. 556, 7,) substantially, as it was now presented by the return. The judge who granted the certiorari in this case, rightly held that he would consider the challenge as demurred to, and overruled upon a regular issue in law. This was merely saying…

1Opinion of the Court

Curia, per Woodworth, J.

This case has been discussed by the counsel with great ability. The court has been ma terially aided by the researches they have made.

The Opinion which I expressed on allowing the certiorari, has been confirmed; as well by the arguments at the bar, as by my own investigation.

It was not denied by the counsel for the people, that if the challenge to Norwood was for principal cause, the proceedings in the court below became matter of record; and wfere liable to review in this court. I shall therefore not add anything to what I said upon the subject, on the former occasion.

2Cases cited7 opinions

  1. Freeman v. PeopleNew York Supreme Court · 1847
  2. People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Ex parte VermilyeaNew York Supreme Court · 1826
  4. People v. HoneymanNew York Supreme Court · 1846
  5. Blake v. MillspaughNew York Supreme Court · 1806

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3Cited by21 opinions

  1. Neese v. Utah Bd. of Pardons & ParoleUtah Supreme Court · 2017
  2. People v. SnyderNew York Court of Appeals · 1927
  3. Greenfield v. . PeopleNew York Court of Appeals · 1878
  4. People v. MolMichigan Supreme Court · 1904
  5. Ex parte HendersonSupreme Court of Florida · 1855

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