Dull v. People
New York Supreme Court
Error to the Albany oyer and terminer. The defendant wag indicted for burglary in the second degree; and on the trial he claimed the right to peremptory challenges of the jurors, which was denied by the court; and having been convicted, and sentenced to imprisonment in the state prison for ten years, he brings error on a bill of exceptions.
1Opinion of the Court
By the Court, Bronson, Ch. J. Burglary
in the second degree may be punished “by imprisonment in a state prison for a term not more than ten years, nor less than five, years.” (2 R. S. 669, § 21.) The right to peremptory challenges exists wherever the prisoner is put on his trial “ for an offence punishable with death, or imprisonment in a state prison ten years or any longer time.” (Id. p. 734, § 9.) The offence for which this man was on trial was “ punishable ”—was liable or subject to be punished—with “imprisonment in a state prison ten years;” and so came within the express words of the…
2Cited by4 opinions
- People v. ShawCalifornia Court of Appeal · 1965
- State v. NeunerSupreme Court of Connecticut · 1881
- State v. BloomdaleNorth Dakota Supreme Court · 1910
- United States v. EvansDistrict of Columbia Court of Appeals · 1906