Legal Opinion

People v. M'Kay

New York Supreme Court

Decided August 15, 1820PublishedCited by 38 opinions

THE prisoner was brought up’from the county of Alie-ghany, on a Habeas Corpus, and the indictment and proceedings against him in the Court of Oyer and Terminer and Qao¡ Delivery, in that county, were returned in obedience to a writ of certiorari directed for that purpose.

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THE prisoner was brought up’from the county of Alie-ghany, on a Habeas Corpus, and the indictment and proceedings against him in the Court of Oyer and Terminer and Qao¡ Delivery, in that county, were returned in obedience to a writ of certiorari directed for that purpose. It appeared t^at Prisoner was indicted for the murder of his wife, by administering to her arsenic ; and he was tried and convicted in June last, for the prisoner, now moved in arrest of judg-snent, on the ground that no venire had been issued to the sheriff of the county‘of A. to summon the petit jury ; it appearing, after…

1Opinion of the Court

Spencer, Ch. J.

delivered the opinion of the Court. It has properly been conceded by the Attorney General, that the paper purporting to be a venire, is to be regarded as a nullity, it not having the seal of this Court impressed upon it. The points which have been argued, and which the Court is called upon to decide, are, 1: Whether the trial was regular without a venire returned and filed ; 2. Whether the fact which appears on the return, that the prisoner peremptorily challenged several jurors, cured the defect of a venire ?

It has not been controverted, and it certainly could not be, with…

2Cited by38 opinions

  1. Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
  2. State v. RossSupreme Court of Missouri · 1859
  3. Stephens v. . the PeopleNew York Court of Appeals · 1859
  4. Joy v. StateIndiana Supreme Court · 1860
  5. United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834

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