Legal Opinion

Brant ex dem. Buckbee v. Fowler

New York Supreme Court

Decided October 15, 1827PublishedCited by 16 opinions

On the trial of this cause, after the judge had concluded lis charge, several of the jurors requesting permission to go.out, the judge told them they could go accompanied by an officer. One of them, misunderstanding the charge of the judge, while out separated himself from the officer, and drank about l-3d of a gill of brandy. The verdict was for the defendant.

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On the trial of this cause, after the judge had concluded lis charge, several of the jurors requesting permission to go.out, the judge told them they could go accompanied by an officer. One of them, misunderstanding the charge of the judge, while out separated himself from the officer, and drank about l-3d of a gill of brandy. The verdict was for the defendant. On motion now in behalf of the plaintiff, to set aside the verdict for the irregularity, the affidavit of the juror was produced showing his mistake; and that he drank this small quantity of brandy to check a diarrhoea, which he had…

1Opinion of the Court

Curia.

We cannot allow jurors, thus of heir own head, o drink spirituous liquor while engaged in the course of a ause. We are satisfied that there has been no mischief; *563*but tie rule is absolute, and does not meddle witi consequences. ¡Nor should exceptions be multiplied. We have set aside verdicts on error for this cause, even where the parties consented that the jury should drink. The People V. Douglass, though a criminal cause, is in point for the principle of this motion, which must be granted, the costs to abide the event of the suit.[1]

The district Mt°rtoyattend the grand jury, except to…

2Cited by16 opinions

  1. State v. GreerWest Virginia Supreme Court · 1883
  2. Sherman v. StateTennessee Supreme Court · 1911
  3. United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
  4. People v. ChuckCalifornia Supreme Court · 1889
  5. Davis v. StateIndiana Supreme Court · 1871

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