People v. Olcott
New York Supreme Court
The prisoner being brought into this court by habeas corpus, a motion was made that he should be discharged upon the following statement of facts. The prisoner and Henry Aborn were indicted at the New York oyer and terminer, in November last, for that they and Solomon Roe had conspired to defraud the Bank of New York of money. Roe was dead when the indictment was found.
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The prisoner being brought into this court by habeas corpus, a motion was made that he should be discharged upon the following statement of facts. The prisoner and Henry Aborn were indicted at the New York oyer and terminer, in November last, for that they and Solomon Roe had conspired to defraud the Bank of New York of money. Roe was dead when the indictment was found. The prisoner and Aborn were brought to trial at the same court, and the latter acquitted.; and with respect to OItsott, the jury, after having remained out a long time, to wit, from about 8 o’clock on Saturday evening till…
1Opinion of the CourtKent, J.
delivered the opinion of the court. 1. The first point arose, and was decided by this court, at the last term, in the case of The People v. Denton ; (see ante, 275 ;) but, as the same question has been raised and argued by counsel in this cause, it was evidently with a view that the court should reconsider its former decision. This has accordingly led me to give the subject a further and more attentive consideration ; and my researches and reflections have terminated in the following result.
Lord Coke (l Inst. 227, b. 3 Inst. 110,) lays it down as a general rule, that a jury sworn, and charged…
2Cases cited8 opinions
- United States v. PerezSupreme Court of the United States · 1824
- United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815
- Ned v. StateSupreme Court of Alabama · 1838
- Commonwealth v. ClueSupreme Court of Pennsylvania · 1831
- People v. DamonNew York Supreme Court · 1835
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3Cited by50 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Commonwealth v. MooreSupreme Court of Pennsylvania · 1959
- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
- State v. LeeSupreme Court of Connecticut · 1894
- State v. RedmanSupreme Court of Iowa · 1864
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