The People v. . Larned
New York Court of Appeals
Wbit of Eebob to the Supreme Court, sitting in the sixth district, where the judgment of the Otsego oyer and terminer had been affirmed, on certiorari. The plaintiff in error, Abijah Lamed, was tried for burglary, in the oyer and terminer; convicted of burglary in the third degree; and sentenced to imprisonment in the state prison for the term of five years.
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Wbit of Eebob to the Supreme Court, sitting in the sixth district, where the judgment of the Otsego oyer and terminer had been affirmed, on certiorari. The plaintiff in error, Abijah Lamed, was tried for burglary, in the oyer and terminer; convicted of burglary in the third degree; and sentenced to imprisonment in the state prison for the term of five years. The indictment charged him with breaking into the Otsego county bank, in the village of Cooperstown, on the 29th December 1850, at one o’clock in the morning, and stealing therefrom about $30,000 in specie and banknotes. *On the trial,…
1Opinion of the CourtRuggles, C. J.
There was- no error in impannelling the jury. The statute (2 R. S. 420, § 61) directs, that “ the first twelve persons who shall appear, as their names are drawn and called, and shall be approved as indifferent between the parties, shall be sworn and *shall ^ be the jury to try the issue.” And § 67 directs, *- ‘ that if any juror be absent, at the time his name is drawn and called, the ballot containing his name shall be returned to the box containing the undrawn ballots. These directions were literally and. exactly followed. John Cushman, a juror on the panel, was absent and did not appear…
2Cited by7 opinions
- Saunders v. StateCourt of Criminal Appeals of Oklahoma · 1910
- People v. CourtneyMichigan Supreme Court · 1913
- State v. ShermanSupreme Court of Missouri · 1915
- Myers v. PeopleNew York Supreme Court · 1874
- People v. JenmanNew York Court of Appeals · 1947
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