Legal Opinion

Dull v. People

New York Supreme Court

Decided January 15, 1847PublishedCited by 4 opinions

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

  1. People v. ShawCalifornia Court of Appeal · 1965
  2. State v. NeunerSupreme Court of Connecticut · 1881
  3. State v. BloomdaleNorth Dakota Supreme Court · 1910
  4. United States v. EvansDistrict of Columbia Court of Appeals · 1906

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