People v. Goodwin
New York Supreme Court
Trial for second offence. At the Rensselaer oyer and terminer, in December, 1829, holden by the Hon. William A. Doer, then one of the circuit judges, and two judges of the county courts of Rensselaer, the defendant was tried for a second offence of petit larceny.
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Trial for second offence. At the Rensselaer oyer and terminer, in December, 1829, holden by the Hon. William A. Doer, then one of the circuit judges, and two judges of the county courts of Rensselaer, the defendant was tried for a second offence of petit larceny. The district attorney produced a record of conviction of the defendant, before a court of special sessions for an offence of petit larceny, bearing date 19th May, 1829, which conviction was duly set forth in the indictment, on which the trial was had at the oyer and terminer. It stated that the defendant, having been brought before…
1Opinion of the Court
*253 By the Court,
Savage, Ch. J.
The oyer and terminer erred. It is not necessary for a court of special sessions to inform a prisoner of his right to be tried by a jury, or that lie should expressly waive such right to render a conviction valid. The law organizing a court of special sessions without jury is perfectly constitutional, as has been decided in Murphy v. The People, 2 Cowen, 815. The act of 1824, Statutes, vol. 6, 297, c. § 47, gives a defendant or prisoner the right to demand a trial by jury, but that the jury trial must expressly be waived to render a conviction good is not required…
2Cited by7 opinions
- People ex rel. Booth v. FisherNew York Supreme Court · 1855
- People v. SanabriaAppellate Terms of the Supreme Court of New York · 1964
- People v. MooreNew York Supreme Court · 1857
- Miller v. CommonwealthSupreme Court of Virginia · 1892
- People ex rel. Brown v. SheriffIllinois Circuit Court · 1877
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