People Ex Rel. Stabile v. . Warden, Etc.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1910, which affirmed an order of Special Term sustaining a writ of habeas corpus and discharging the relator from custody.-. The relator was indicted for the crime of murder in the first; degree. The indictment was brought to trial at a term of the7 Court of General Sessions of the city and county of New York, held by a judge of said court with a jury.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1910, which affirmed an order of Special Term sustaining a writ of habeas corpus and discharging the relator from custody.-. The relator was indicted for the crime of murder in the first; degree. The indictment was brought to trial at a term of the7 Court of General Sessions of the city and county of New York, held by a judge of said court with a jury. The trial continued, from the 7th until the 14th day of March, 1910. The jury was, then discharged and the relator was…
1Opinion of the Court
Chase, J.:
In England, during the reign of Edward III, vigorous means ¡were resorted to for the purpose of compelling unanimity among jurymen. Jurors who dissented from the rest were committed to prison and justices resorted to carrying jurors about with them in carts until they agreed. (Orabb’s English Law, 300.) It became the common-law rule that persons serving .as jurymen must decide upon a verdict in every case presented to them, and coercion in different forms was permitted and generally exercised. Such rule not only is no longer accepted and enforced, but the rule itself is now only a…
2Cases cited13 opinions
- NielsenSupreme Court of the United States · 1889
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- Riggins v. United StatesSupreme Court of the United States · 1905
- People Ex Rel. Perkins v. . MossNew York Court of Appeals · 1907
- People v. . SmithNew York Court of Appeals · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- United States Ex Rel. Joseph Russo v. Superior Court of New Jersey, Law Division, Passaic CountyCourt of Appeals for the Third Circuit · 1973
- People v. JacksonNew York Court of Appeals · 1967
- People v. ReedNew York Court of Appeals · 1937
- State v. SlorahSupreme Judicial Court of Maine · 1919
- People Ex Rel. Meyer v. WardenNew York Court of Appeals · 1936
85 more not listed; retrieve them via the Exa API.