People Ex Rel. Stabile v. . Warden, Etc.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1910, which affirmed an order of Special Term sustaining a writ of habeas corpus and discharging the relator from custody.-. The relator was indicted for the crime of murder in the first; degree. The indictment was brought to trial at a term of the7 Court of General Sessions of the city and county of New York, held by a judge of said court with a jury.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 8, 1910, which affirmed an order of Special Term sustaining a writ of habeas corpus and discharging the relator from custody.-. The relator was indicted for the crime of murder in the first; degree. The indictment was brought to trial at a term of the7 Court of General Sessions of the city and county of New York, held by a judge of said court with a jury. The trial continued, from the 7th until the 14th day of March, 1910. The jury was, then discharged and the relator was…
1Dissent
Cullen, C. J. (dissenting) :
I vote for the reversal of the order appealed from. Though originally the common law was different, it became the settled law of this state, prior to the enactment of the Code of Criminal Procedure, that the time at which a jury, which after consideration of a case had been unable to agree upon a verdict, was to be; discharged solely in the discretion of the trial judge. This was so held by the old Supreme Court even where the jury had the case under advisement for a period of only thirty minutes. (People v. Green, 13 Wend. 55.) Such is also the conceded law in the…
2Cases cited14 opinions
- People v. GoodwinNew York Supreme Court · 1820
- People v. . SmithNew York Court of Appeals · 1902
- Cook v. StateSupreme Court of Alabama · 1877
- People v. SmallingCalifornia Supreme Court · 1892
- People v. DamonNew York Supreme Court · 1835
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