Legal Opinion

People v. Douglass

New York Supreme Court

Decided February 15, 1825PublishedCited by 46 opinions

The last Court "of Oyer and Terminer in Steuben connty, Douglass was convicted of murder. The trial commenced ;'on the 11th of January, 1825. About 2 P. M. the jury had'liberty to retire from the box, under the charge of two sworn constables, and the direction of' the Court to keep together, and return speedily. This was' before the trial had concluded. The jury retired to consider on their v J verdict about IIP. M. and retmned a verdict of guilty about ^ ^ next 'morning.

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The last Court "of Oyer and Terminer in Steuben connty, Douglass was convicted of murder. The trial commenced ;'on the 11th of January, 1825. About 2 P. M. the jury had'liberty to retire from the box, under the charge of two sworn constables, and the direction of' the Court to keep together, and return speedily. This was' before the trial had concluded. The jury retired to consider on their v J verdict about IIP. M. and retmned a verdict of guilty about ^ ^ next 'morning. After the conviction, a motion- was made-in the Court of Oyer and'Terminer for a new trial, on the ground that two of the'…

1Opinion of the CourtWoodworth, J.

in delivering, the opinion of the Courts spoke nearly as-follows: The question whether a new tri *33al is to be granted to the prisoner, will depend on the facts disclosed by the affidavits, as to the misconduct of the two j urors, Lamb and S wartwout. It is alleged, that they separated from their fellows, while the jury were out under the charge of the constables, and ate, drank spiritous liquor, and conversed on the subject of the trial. Anciently the utmost rigor and strictness were observed in the manner of keeping the jury; and when once charged with a cause, they never could be discharged…

2Cited by46 opinions

  1. Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
  2. State v. GreerWest Virginia Supreme Court · 1883
  3. 24 Fair empl.prac.cas. 848, 24 Empl. Prac. Dec. P 31,424 Barbara Grano, Cross-Appellant v. The Department of Development of the City of Columbus, Defendants- Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1980
  4. Roberts v. StateSupreme Court of Georgia · 1853
  5. Stephens v. . the PeopleNew York Court of Appeals · 1859

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