Greenfield v. People
New York Court of Appeals
Writ of error. The plaintiff in error, Nathan O. Greenfield, was indicted for murder, and tried at oyer and terminer of Oswego county, but the jury failed to agree. Upon the second trial, two of the jurors were challenged by the .counsel for the prisoner: one of them for principal cause and as having formed and expressed an opinion ; and both for favor and as not being indifferent and impartial.
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Writ of error. The plaintiff in error, Nathan O. Greenfield, was indicted for murder, and tried at oyer and terminer of Oswego county, but the jury failed to agree. Upon the second trial, two of the jurors were challenged by the .counsel for the prisoner: one of them for principal cause and as having formed and expressed an opinion ; and both for favor and as not being indifferent and impartial. One of them, upen trial of the challenge by the court pursuant to L. 1873, p. 681, c. 427, stated that he had read in a newspaper a part of the account of the former trial, which gave evidence for the…
1Per curiam
In the view which we take of this case, it will be sufficient, if we notice with any particularity the points of the plaintiff in error, based upon the overruling of his challenges to two of the persons who were sworn upon the panel of jurors by which he was tried and found guilty.
One of them was challenged for principal cause,, and as having formed and expressed an opinion. Both were challenged for favor, and as not being indifferent and impartial.
There has always been a distinction between these two kinds of challenge, and there is yet, notwithstanding modern legislation, on the subject.…
2Cases cited79 opinions
- People v. MatherNew York Supreme Court · 1830
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Freeman v. PeopleNew York Supreme Court · 1847
- Horbach v. StateTexas Supreme Court · 1875
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
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