Gaffney v. . the People
New York Court of Appeals
Error to the General Term of the Superior Court of the city of Buffalo to review judgment affirming a judgment of the criminal term of that court, entered upon a conviction of plaintiff in error of the crime of murder in th.e first degree, in killing one Patrick Fahey. A motion for a new trial was made at General Term, founded upon the judgment record, bill of exceptions, and certain affidavits, which presented certain alleged irregularities of the jury.
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Error to the General Term of the Superior Court of the city of Buffalo to review judgment affirming a judgment of the criminal term of that court, entered upon a conviction of plaintiff in error of the crime of murder in th.e first degree, in killing one Patrick Fahey. A motion for a new trial was made at General Term, founded upon the judgment record, bill of exceptions, and certain affidavits, which presented certain alleged irregularities of the jury. The facts pertinent to the questions presented are sufficiently stated in the opinion. The Superior Court of Buffalo has no authority to…
1Opinion of the CourtAndrews, J.
Upon the trial of this indictment the regular panel of jurors having been exhausted and but five competent jurors having been obtained, the counsel for the prisoner moved the court to order and direct that talesman to complete the jury be drawn from the list of jurors for the Superior Court of Buffalo, returned by the assessors of the city to the clerk of that court.
The court denied the motion and directed the sheriff to summon fifty tales jurors; and from the jurors so summoned, according to this direction, the remaining seven jurors were selected to try the indictment.
The counsel for the…
2Cases cited3 opinions
- Newcomb v. . GriswoldNew York Court of Appeals · 1862
- The People v. . ThompsonNew York Court of Appeals · 1869
- Willis v. . the PeopleNew York Court of Appeals · 1865
3Cited by22 opinions
- Larkin v. . Nassau Electric R.R. Co.New York Court of Appeals · 1912
- Gunter v. StateSupreme Court of Alabama · 1887
- People v. . WeldonNew York Court of Appeals · 1888
- Ortiz v. StateSupreme Court of Florida · 1892
- Capps v. StateSupreme Court of Arkansas · 1913
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