People ex rel. Wands v. Albany C. P.
New York Supreme Court
Motion for mandamus. The relator asked for a mandamus, directing the common pleas of Albany to set aside a verdict for irregularity, on the ground that the jury were not sworn as their names were drawn and called to try the cause in which he was interested, but were sw'orn at the opening of the court to try the several issues in which they should serve as jurors.
1Opinion of the Court
By the Court,
Savage, Ch. J.
The provisions of the old law, 1 R. L. 331, § 20, and of the Revised Statutes, vol. 2, p. 420, § 60, 61, are substantially alike. Both statutes require that the first twelve jurors whose names are drawn from the ballot box, who appear and are approved as indifferent, shall be the jury to try the issue brought on to trial; and both statutes require that such jurors shall be sworn ; but there is nothing in the revised statutes indicating an intention of changing the mode of swearing the jury at the opening of the courts, which was uniform throughout the .state.
Motion…
2Cited by1 opinion
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