People v. Miller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mate Miller, from an order of the. County Court of Chemung county, entered in the office of the clerk of the county of Chemung on the 9th day of January, 1902, affirming a judgment of the Recorder’s Court of the city of’Elmira, in favor-of the plaintiff, bearing date the 8th day of August, 1901, convicting the defendant of keeping a disorderly house, and also from said judgment of conviction.
1Opinion of the Court
Parker, P. J.:
It is impossible to read the record in this case and not reach the conclusion that the defendant has been convicted by a jury that was not selected in accordance with the rules of law.
Mr. Crowell, who sat as a juror, had, from reading the city newspapers and from discussions which he had' heard, formed an opinion concerning the guilt or innocence of the prisoner, which it would take strong evidence to remove.
This fact, prima facie, disqualified him from sitting as a juror, and he should have been excluded under the defendant’s challenge for bias, unless he was able, under the…
2Cases cited2 opinions
- People v. . FlahertyNew York Court of Appeals · 1900
- People v. . WilmarthNew York Court of Appeals · 1898
3Cited by7 opinions
- People v. CulhaneNew York Court of Appeals · 1973
- Government of Virgin Islands v. RodriguezCourt of Appeals for the Third Circuit · 1970
- People v. RankinNew York Court of General Session of the Peace · 1915
- People v. HerbertAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Jones v. LanganAppellate Division of the Supreme Court of the State of New York · 1909
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