Cancemi v. . the People
New York Court of Appeals
Appeal from the Supreme Court. The appellant was indicted upon a charge of murder. After some progress had been made in the trial, a juror was withdrawn in pursuance of a stipulation, signed in open court, by the prisoner, his counsel and the counsel for the people, which provided, in terms, “that the verdict in this cause be rendered by and taken from the remaining eleven jurors, and that the twelve names now appearing of record as the jury in this cause may remain, so that…
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Appeal from the Supreme Court. The appellant was indicted upon a charge of murder. After some progress had been made in the trial, a juror was withdrawn in pursuance of a stipulation, signed in open court, by the prisoner, his counsel and the counsel for the people, which provided, in terms, “that the verdict in this cause be rendered by and taken from the remaining eleven jurors, and that the twelve names now appearing of record as the jury in this cause may remain, so that by the record this cause shall appear to have been tried by twelve jurors.” This circumstance being supplied, the case…
1Opinion of the Court
By the Court,
Strong, J.
The return to the writ of error in this case contains a formal record of judgment, setting forth an indictment against the plaintiff in error, in the Court of General Sessions of the Peace, in the city and county of New York, for the crime of murder: the plea of the plaintiff in error traversing the indictment: the removal of the indictment into the Court of Oyer and Terminer of said city and county, and subsequently into the Supreme Court: the postea or certificate of the justice who held the Circuit Court at which the trial of the indictment was, by a general term of…
2Cases cited2 opinions
- Green v. PatchinNew York Supreme Court · 1835
- Tombs v. Rochester & Syracuse RailroadNew York Supreme Court · 1854
3Cited by220 opinions
- People v. GrayNew York Court of Appeals · 1995
- People v. UdzinskiAppellate Division of the Supreme Court of the State of New York · 1989
- Patton v. United StatesSupreme Court of the United States · 1930
- People v. CaseyNew York Court of Appeals · 2000
- People v. PattersonNew York Court of Appeals · 1976
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