Maurer v. . the People
New York Court of Appeals
Ebbob to the General Term of the Supreme Court in the second district, to review an affirmance of a conviction of the plaintiff in error, at the Rockland Oyer and Terminer in October, 1869, for the nrarder of Joachim Fnerter.
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Ebbob to the General Term of the Supreme Court in the second district, to review an affirmance of a conviction of the plaintiff in error, at the Rockland Oyer and Terminer in October, 1869, for the nrarder of Joachim Fnerter. It appeared in the bill of exceptions included in the error book, that “ sometime after the jury had retired to deliberate on their verdict in said cause, and before the verdict, and about the hour of midnight, they returned into coxirt and asked the following questions of, and received the following instructions from the court, viz.: ‘ The jury, by their foreman, asked…
1Opinion of the CourtGrover, J.
The statute (2 R. S., 759, § 13, Edmond’s Edition) provides that no person indicted for any felony can be tried, unless he be personally present during such trial. The personal presence of the defendant during his trial being thus made essential by statute to the legality of the trial, it is manifest that neither he or his counsel, can by consent or otherwise, waive such presence so as to make the trial legal, if conducted in his absence.
The clause, “ during such trial,” as used in the statute, includes all proceedings had in impanneling the jury, the introduction of evidence, the summing up…
2Cases cited1 opinion
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
3Cited by74 opinions
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- People v. CiaccioNew York Court of Appeals · 1979
- People v. EppsNew York Court of Appeals · 1975
- People v. SloanNew York Court of Appeals · 1992
- People v. MoralesNew York Court of Appeals · 1992
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