People v. Barrett
New York Supreme Court
The jury in this cause, which was an indictment for a conspiracy, being duly sworn, the defendants were arraigned, and pleaded not guilty. Immediately after this, the district attorney served on Barrett a notice to produce a promissory note, mentioned in the indictment, or that parol testimony would be given of its contents; and asked his counsel if they were ready for trial, to which they answered they were.
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The jury in this cause, which was an indictment for a conspiracy, being duly sworn, the defendants were arraigned, and pleaded not guilty. Immediately after this, the district attorney served on Barrett a notice to produce a promissory note, mentioned in the indictment, or that parol testimony would be given of its contents; and asked his counsel if they were ready for trial, to which they answered they were. The *note was then called for, and on its not being produced, the district attorney offered the parol evidence. To this they objected, alleging the want of due notice, as the note was…
1Opinion of the CourtLivingston, J.
Without denying the right of courts to withdraw a juror in criminal causes, and put the defendant on his trial a second time, it is evident this power should not be lightly used, but confined as much as may be to cases of very urgent necessity, where, by the act of God, or by some sudden and unforeseen accident, it is impossible to proceed without manifest inj ustiee to the public, or the defendant himself. We do not mean, at present, to define all, or any of the cases in which this practice may be pursued, but we all agree that a defendant ought, in no case, to be put on a second trial for…
2Cited by29 opinions
- MTR. OF NOLAN v. Court of Gen. SessionsNew York Court of Appeals · 1962
- Shepherd v. . the PeopleNew York Court of Appeals · 1862
- People v. GoldfarbAppellate Division of the Supreme Court of the State of New York · 1912
- Guenther v. . the PeopleNew York Court of Appeals · 1861
- People ex rel. Stabile v. Warden of the City PrisonAppellate Division of the Supreme Court of the State of New York · 1910
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