Legal Opinion

the People v. Ransom.

New York Supreme Court

Decided October 15, 1831PublishedCited by 46 opinions

Motion to set aside a verdict for irregularity in empanneling the jury. The prisoner who was indicted for murder, was put on his trial, at the New-York oyer and terminer, on the 22d September, 1831. The general panel of petit jurors was called over, and a juryman of the name of Robert Smith answered when his name was called.

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Motion to set aside a verdict for irregularity in empanneling the jury. The prisoner who was indicted for murder, was put on his trial, at the New-York oyer and terminer, on the 22d September, 1831. The general panel of petit jurors was called over, and a juryman of the name of Robert Smith answered when his name was called. The clerk then proceeded to draw the jury for the trial of the prisoner, by taking ballots containing the names of the jurors returned, from the box in which they were contained. When 28 jurors had been called, eleven of whom were sworn, and seventeen peremptorily…

1Opinion of the Court

By the Court,

Suthekland, J.

The revised statutes provide that a jury for the trial of an indictment shall be drawn in the same manner as is prescribed by law for the trial of issues of fact in civil cases, 2 R. S. 734, § 5; and in civil cases, where there is not a jury already empanneled in another cause, the statute directs “ that the ballots containing all the *422names of all the jurors returned and appearing at each court, sh'aii he placed together in the same box, before any jury shall drawn therefrom2 R. S. 421, § 64. Here the ballot con.

We have several times had occasion to consider the…

2Cases cited1 opinion

  1. United States v. MarchantSupreme Court of the United States · 1827

3Cited by46 opinions

  1. Quimbo Appo v. . the PeopleNew York Court of Appeals · 1860
  2. State v. GreerWest Virginia Supreme Court · 1883
  3. Monroe v. StateSupreme Court of Georgia · 1848
  4. Richardson v. JonesNevada Supreme Court · 1865
  5. People v. . CosmoNew York Court of Appeals · 1912

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