Cancemi v. . the People
New York Court of Appeals
Writ of error to the Supreme Court. Michael Cancemi was indicted, at the New-York General Sessions, for the murder of Eugene Anderson, a policeman. One count of the indictment charged that Cancemi, being engaged in burglariously entering, in the day time, a shoe shore, with intent to steal, encountered Anderson, who was about to arrest him, when he was shot with a pistol by the defendant.
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Writ of error to the Supreme Court. Michael Cancemi was indicted, at the New-York General Sessions, for the murder of Eugene Anderson, a policeman. One count of the indictment charged that Cancemi, being engaged in burglariously entering, in the day time, a shoe shore, with intent to steal, encountered Anderson, who was about to arrest him, when he was shot with a pistol by the defendant. The indictment was removed to the Oyer and Terminer, and the trial there resulted in a disagreement of the jury. It was then removed, by certiorari, to the Supreme Court, and sent for trial to the New-York…
1Opinion of the Court
By the Court, Strong, J.
It is stated, in the bill of exceptions brought up to this court by the writ of error, that Alexander Kyle, one of the jurors sworn and who sat upon the trial of the indictment, on being called as a juror, was challenged for principal cause, and, being examined under oath, testified, on his direct examination, that he had formed an opinion and expressed it, and, on his cross examination, that he had no fixed opinion, none which could not be removed by the evidence. The court thereupon overruled the challenge, on the ground that it did not appear that the juror had a…
2Cases cited1 opinion
- Felix v. StateSupreme Court of Alabama · 1851
3Cited by39 opinions
- Balbo v. . the PeopleNew York Court of Appeals · 1880
- People v. . Van GaasbeckNew York Court of Appeals · 1907
- People v. . ConrowNew York Court of Appeals · 1911
- Remsen v. . the PeopleNew York Court of Appeals · 1870
- Lowery v. . ErskineNew York Court of Appeals · 1889
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