People v. Tilzer

This case was heard on defendant’s application, consented to by the district attorney, upon the printed record in People v. Marcus (220 App. Div. 697). The points presented by the appellant Tilzer are discussed in the opinion filed in the Marcus Case (supra). The constitutionality of section 391 of the Code of Criminal Procedure (as amd. by Laws of 1926, chap. .461), so far as it affects the number of peremptory challenges allowed to the defendant, is not presented on the record before us. The clerk’s minutes of the trial recite that the jury was “ duly drawn, examined, accepted, empanelled…