United States v. Douglass
U.S. Circuit Court for the District of Southern New York
This was a joint indictment against three persons for murder upon the high seas. The prisoners were tried at New-York, before Mr. Justice NELSON and Judge BETTS, in May, 1851, and found guilty. [Edward F.] Douglass was tried separately. James Clements and Thomas Benson were tried together. Before sentence, a motion for a new trial was made before both judges, upon their minutes of the trial and the charge of the presiding judge to the jury.
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This was a joint indictment against three persons for murder upon the high seas. The prisoners were tried at New-York, before Mr. Justice NELSON and Judge BETTS, in May, 1851, and found guilty. [Edward F.] Douglass was tried separately. James Clements and Thomas Benson were tried together. Before sentence, a motion for a new trial was made before both judges, upon their minutes of the trial and the charge of the presiding judge to the jury. The indictment, in every count, charged the murder of the deceased by each of the prisoners There was no count charging either of the prisoners with only…
1Opinion of the Court
NELSON, Circuit Justice.
The motion for a new trial made in this case is denied. But it is proper to say, that the judges do not altogether agree in respect to the point made as to the right of .the government to a qualified peremptory challenge—that is, the right to set aside a juror without cause, and to have him finally excluded from the jury unless the panel is exhausted by the challenges of the prisoner. If the jury-list is exhausted before the panel is completed, it is admitted that the juror thus set aside must he called and must serve, unless he is challenged by the government…
2Cases cited1 opinion
- Commonwealth v. JolliffeSupreme Court of Pennsylvania · 1838
3Cited by4 opinions
- Jimenez v. StateSupreme Court of Florida · 1947
- Brewer v. JacobsUnited States Circuit Court · 1884
- United States v. CoppersmithUnited States Circuit Court · 1880
- Case v. PeopleNew York Supreme Court · 1877