People v. M'Kay
New York Supreme Court
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
- Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
- State v. RossSupreme Court of Missouri · 1859
- Stephens v. . the PeopleNew York Court of Appeals · 1859
- Joy v. StateIndiana Supreme Court · 1860
- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
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