People v. Damron
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 31, 1913, reversing a judgment rendered at a Trial Term for the county of Kings upon a verdict convicting the defendant of the crime of grand larceny in the first degree and granting a new trial. The facts, so far as material, are stated in the opinion. There is no merit in defendant’s challenge to the panel of jurors. The trial court properly overruled it.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 31, 1913, reversing a judgment rendered at a Trial Term for the county of Kings upon a verdict convicting the defendant of the crime of grand larceny in the first degree and granting a new trial. The facts, so far as material, are stated in the opinion. There is no merit in defendant’s challenge to the panel of jurors. The trial court properly overruled it. The reversal by the Appellate Division, which was based solely upon this point, was erroneous. (Gardiner v. People, 6…
1Opinion of the Court
Willard Bartlett, Ch. J.
The order of reversal in this case is based on an error of law only, the Appellate Division 1 ‘ having reviewed the facts herein and being satisfied with the judgment in that respect.” The People have the right to appeal from such an order and they are not required to give a stipulation for judgment absolute. (Code Crim. Proc. § 519; People v. Miller, 169 N. Y. 339; People v. Gaffey, 182 N. Y. 257.)
At the outset of the trial the defendant interposed a challenge to the panel of special jurors. Although no formal exception to the challenge (which would be equivalent to a…
2Cases cited7 opinions
- People v. . McQuadeNew York Court of Appeals · 1888
- The People v. . PetreaNew York Court of Appeals · 1883
- People v. . MillerNew York Court of Appeals · 1902
- People v. . HallNew York Court of Appeals · 1901
- Melody v. GoodrichNew York Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. . FisherNew York Court of Appeals · 1918
- People v. LunseNew York Court of Appeals · 1938
- People v. BalianAppellate Division of the Supreme Court of the State of New York · 1975
- State v. LittleSupreme Court of Iowa · 1929
- State v. PilverSupreme Court of Vermont · 1917
5 more not listed; retrieve them via the Exa API.