Legal Opinion

People v. . Dunn

New York Court of Appeals

Decided January 10, 1899PublishedCited by 61 opinions

Appeal from judgment, charging defendant with murder in the first degree, and from an order granting a special jury. The defendant was charged with the crime of murder in the first degree, and, upon being arraigned, pleaded not guilty. Thereafter the people applied for a special jury to try the issue, under the provisions of chapter 378 of the Laws of 1896. The application was granted by the appellate division of the supreme court in the First department.

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Appeal from judgment, charging defendant with murder in the first degree, and from an order granting a special jury. The defendant was charged with the crime of murder in the first degree, and, upon being arraigned, pleaded not guilty. Thereafter the people applied for a special jury to try the issue, under the provisions of chapter 378 of the Laws of 1896. The application was granted by the appellate division of the supreme court in the First department. Leave to appeal to this court was then granted, upon the ground that a question of law was presented which ought to be here reviewed, and…

1Opinion of the Court

GRAY, J. (after stating the facts).

I think that the question which has been certified to us should be answered in the affirmative, and, were in not for the general interest and the importance which it possesses, we might well leave the discussion with the opinion as delivered at the appellate division. It must be perfectly apparent that the act has but the one direct object, of facilitating the administration of justice in criminal cases, by providing for the impaneling of a fair, competent, and impartial jury, without the difficulty and delay with which the procedure is so frequently…

2Cases cited13 opinions

  1. Wynehamer v. . the PeopleNew York Court of Appeals · 1856
  2. Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
  3. People v. . SicklesNew York Court of Appeals · 1898
  4. In the Matter of the Application of ChurchNew York Court of Appeals · 1883
  5. Matter of HennebergerNew York Court of Appeals · 1898

8 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Fay v. New YorkSupreme Court of the United States · 1947
  2. Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
  3. St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  4. People v. DoranNew York Court of Appeals · 1927
  5. People v. . CosmoNew York Court of Appeals · 1912

56 more not listed; retrieve them via the Exa API.

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