People v. Carnal
Court Of Oyer And Terminer New York
This was a motion for a new trial. The prisoner had been convicted in March, 1851, of the murder of Charles M. Rousseau and sentenced to be executed on the 2d day of May, 1851. Before that time the governor respited his execution, to enable him to avail himself of a bill of exceptions taken on the trial.
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This was a motion for a new trial. The prisoner had been convicted in March, 1851, of the murder of Charles M. Rousseau and sentenced to be executed on the 2d day of May, 1851. Before that time the governor respited his execution, to enable him to avail himself of a bill of exceptions taken on the trial. An application was then made to the governor for a pardon or commutation of sentence, on the ground that after the jury retired to deliberate on their verdict, the presiding judge had improperly given them private instructions in the absence of the prisoner or his counsel. The governor…
1Opinion of the CourtEdmonds, Presiding Justice
The facts on which the new trial is moved for, as established by the affidavits are simply these: that while the jury were consulting together of their verdict, one of them called the officer having them in charge and said to him, “ ask the court to send the jury the statute or some book containing the law of manslaughter,” that the officer after a short interval returned and said, “ Judge Edmonds said they had nothing to do with manslaughter.”
The officer was not instructed by the court or any member of it to make any communication to the jury, but it is probable (though on that subject there…
2Cases cited1 opinion
- People v. DouglassNew York Supreme Court · 1825
3Cited by3 opinions
- Hager v. HagerNew York Supreme Court · 1862
- People v. GaffneyThe Superior Court of New York City · 1872
- People v. BuchananNew York Court of General Session of the Peace · 1893