People v. Caniff
New York Supreme Court
The prisoner was indicted at the Saratoga Oyer and Termi-' ner, held in October, 1853, for burglary in the third degree, and the indictment sent down to the General Sessions for trial. On the trial in the Sessions, the clerk in impanneling the jury drew from the box the name of Thomas L. Gleason, who answered to the call. To this person sitting as a juryman, the district attorney on behalf of the prosecution interposed a peremptory challenge.
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The prisoner was indicted at the Saratoga Oyer and Termi-' ner, held in October, 1853, for burglary in the third degree, and the indictment sent down to the General Sessions for trial. On the trial in the Sessions, the clerk in impanneling the jury drew from the box the name of Thomas L. Gleason, who answered to the call. To this person sitting as a juryman, the district attorney on behalf of the prosecution interposed a peremptory challenge. The counsel for the prisoner denied the right of the people to such challenge. The court held that under the statute as they now stood, the people tvere…
1Opinion of the Court
By the Court, James, J.
This case presents but two questions for our consideration. The first is, whether the people in criminal cases have the right of peremptory challenge to a juror; and the second is, was there proof sufficient to show that the barn was entered with an intent to commit a crime.
The first question has been decided both ways by the Supreme *588Court. First in this district in the case of The Waterford and Whitehall Turnpike Co. v. The People, (9 Barb. 161,) where it was . held that the people had such right of challenge, and subsequently in the case of The People v. Henries, (1…
2Cases cited2 opinions
- President of Waterford v. PeopleNew York Supreme Court · 1850
- People v. HenriesNew York Supreme Court · 1854
3Cited by2 opinions
- People v. FitzgeraldNew York Court of Appeals · 1942
- People v. Le VanAppellate Division of the Supreme Court of the State of New York · 1946